Search Results for: Rules of The Supreme Court

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Balamoody v United Kingdom Central Council; Balamoody v Manchester City Magistrates’ Court: Admn 10 Jun 1998

The applicant had been convicted of offences relating to the management of his nursing home, and had been struck off the Register of Nurses. Held: It was no defence to the criminal charges that a member of staff had failed in her duties. The defence available to offences of showing that he had taken all … Continue reading Balamoody v United Kingdom Central Council; Balamoody v Manchester City Magistrates’ Court: Admn 10 Jun 1998

Regina v Visitors to the Inns of Court ex parte Calder: CA 1993

Two barristers had been struck off for disciplinary offences. Their appeals were heard by three High Court judges sitting as Visitors, who dismissed the appeals. The barristers now sought judicial review of that decision. Held: Justices sitting as visitors were not sitting as judges as such, but in a domestic forum, and their decisions were … Continue reading Regina v Visitors to the Inns of Court ex parte Calder: CA 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

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

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

M v P (Contempt of Court: Committal Order): CA 1992

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

Regina v Bloomsbury and Marylebone County Court ex parte Villerwest Limited: 1976

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

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

Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another: SC 8 May 2014

Costs of Wrongly Appointed Receiver ‘The contest in this case is about who should bear the costs and expenses of a receiver appointed under an order which ought not to have been made. The appellant, who is a former partner in a well known firm of accountants, was appointed to act as management receiver of … Continue reading Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another: SC 8 May 2014

Forward v West Sussex County Council and Others: CA 6 Jul 1995

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

Barclays Bank Plc v Piper: CA 23 May 1995

Exact rules for affidavits must be followed on Order 14 proceedings. The solicitor swearing an affidavit on behalf of the bank had not disclosed the source of his information. Though the defect might be technical, the defendant was being deprived of his right to cross examine the witness and of his right to defend, and … Continue reading Barclays Bank Plc v Piper: CA 23 May 1995

Crimpfil Ltd v Barclays Bank Plc: CA 16 Feb 1995

The bank appealed against an interim award of a substantial sum for damages for having arbitrarily withdrawn the plaintiff’s loan facilities. Held: The judge had heard the evidence and considered it, and was entitled to take his own view, even though substantial questions might arise at trial. The rules gave him a wide discretion which … Continue reading Crimpfil Ltd v Barclays Bank Plc: CA 16 Feb 1995

Singh v Parkfield Group Plc: QBD 27 Jun 1994

An offer to settle must be backed by a payment into court in debt actions. The defendant here could have protected his position by a payment into court, and therefore a Calderbank offer was ineffective. Citations: Ind Summary 27-Jun-1994, [1996] PIQR Q110 Statutes: Rules of the Supreme Court 22.14 Jurisdiction: England and Wales Cited by: … Continue reading Singh v Parkfield Group Plc: QBD 27 Jun 1994

Woodford and Ackroyd (a Firm) v Burgess: CA 20 Jan 1999

A High Court judge sitting at a pre-trial review of an action has the power to rule on the admissibility of a party’s expert evidence, including also making an order for a trial of that issue. The need for speedy disposal of cases required this power. Citations: Times 01-Feb-1999, [1999] EWCA Civ 620 Statutes: Rules … Continue reading Woodford and Ackroyd (a Firm) v Burgess: CA 20 Jan 1999

JFS (UK) Limited Tilghman Wheelabrator Limited v Dwr Cymru Cyf: CA 18 Sep 1998

A positive averment by defendant short of a claim for relief did not constitute a ‘claim’ under the section, and the judge had jurisdiction to allow a later amendment claiming relief as an original counterclaim. It was not barred either under RSC 20 (5) Citations: Gazette 14-Oct-1998, [1998] EWCA Civ 1443, [1999] 1 WLR 231 … Continue reading JFS (UK) Limited Tilghman Wheelabrator Limited v Dwr Cymru Cyf: CA 18 Sep 1998

Signet Group Plc v Hammerson UK Properties Plc: CA 9 Dec 1997

An application was made for a new tenancy within the four month period prescribed by section 29(3) of the LTA. The applicants named in error in the application were ‘Signet Group plc’ and not ‘Ernest Jones Ltd’. Hammerson had not been misled and was in no reasonable doubt as to the identity of the person … Continue reading Signet Group Plc v Hammerson UK Properties Plc: CA 9 Dec 1997

Finnegan v Parkside Health Authority: CA 20 Nov 1997

In applications for an extension of time the court has a very wide discretion; appeal allowed though no explanation for delay given. Citations: Times 16-Dec-1997, Gazette 10-Dec-1997, [1997] EWCA Civ 2774, [1998] 1 All ER 595, [1997] 1 WLR 411 Links: Bailii Statutes: Rules of the Supreme Court Order 3 r 5 Jurisdiction: England and … Continue reading Finnegan v Parkside Health Authority: CA 20 Nov 1997

Hinduja and Another v Asia TV Limited: CA 25 Nov 1997

The procedure for determining whether words were defamatory was intended to be summary; appeals are to be discouraged. The new rule was intended to lay down a swift and inexpensive procedure in chambers to eliminate meanings which the words are plainly incapable of bearing. Hirst LJ said: ‘I would strongly wish to discourage appeals under … Continue reading Hinduja and Another v Asia TV Limited: CA 25 Nov 1997

Chohan Clothing Company (Manchester) Ltd v Fox Brooks Marshall (a Firm): CA 10 Nov 1997

A failure of personal service on the partners of a solicitors’ firm would not be allowed to invalidate the entire litigation process. Citations: Times 09-Dec-1997, [1997] EWCA Civ 2684 Statutes: Rules of the Supreme Court Order 81 R 3(3) Jurisdiction: England and Wales Litigation Practice Updated: 10 November 2022; Ref: scu.143083

Star News Shops v Stafford Refrigeration Ltd and UPO (Uk) Ltd and others and Unite Hermetique: CA 30 Oct 1997

It was wrong to prevent a party putting forward an arguable defence for failure to comply with directions in the absence of a peremptory unless order. A failure to comply with an order should not be dealt with by striking out unless the order was expressed as an ‘unless’ order. Citations: Gazette 12-Nov-1997, Times 18-Nov-1997, … Continue reading Star News Shops v Stafford Refrigeration Ltd and UPO (Uk) Ltd and others and Unite Hermetique: CA 30 Oct 1997

Abraham and Another v Thompson and Another: CA 24 Jul 1997

The plaintiffs appealed an order that they should disclose who if any had funded their case. The case concerned failed business ventures in Portugal. Citations: [1997] EWCA Civ 2179 Jurisdiction: England and Wales Citing: Appeal from – Abraham and Another v Thompson and Others ChD 12-May-1997 The court may issue a stay of proceedings pending … Continue reading Abraham and Another v Thompson and Another: CA 24 Jul 1997

Houghton v British Coal Corporation: CA 28 Jan 1997

A payment into court was made which expressed itself to be ‘after the deduction of a sum which would reflect the amount of benefits the plaintiff would have to account for himself’. Such a deduction was proper. Citations: Times 13-Feb-1997, [1997] EWCA Civ 863 Statutes: Rules of the Supreme Court Order 22 1 Form 23 … Continue reading Houghton v British Coal Corporation: CA 28 Jan 1997

Robertson v Banham and Co (a Firm): CA 31 Oct 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

Jones v Vans Colina: CA 15 Aug 1996

An ex parte order allowing an action by a vexatious litigant is not appealable by the prospective defendant to the action permitted. Such a defendant to proceedings by a vexatious litigant against whom a civil proceedings order had been made was neither a party to the application for leave under section 42(3) nor was entitled … Continue reading Jones v Vans Colina: CA 15 Aug 1996

National Westminster Bank Plc v Kitch: CA 14 May 1996

An action to recover an overdraft debt which was secured by a mortgage is not itself a mortgage action. A claim based on a simple contract debt does not cease to be so simply because it is also secured by a charge. Citations: Gazette 15-May-1996, Times 14-May-1996, [1996] 1 WLR 1316 Statutes: Rules of the … Continue reading National Westminster Bank Plc v Kitch: CA 14 May 1996

Brain v Ingledew Brown Benson and Garrett and Another: CA 1996

The defendant firm of solicitors had acted for a Danish Research Institute. They wrote to several parties regarding a patent. B initiated a threat action. IBB appealed against an order striking out their defence, saying that the issue of whether what they said amounted to a threat was a question of fact to be decided … Continue reading Brain v Ingledew Brown Benson and Garrett and Another: CA 1996

Cleveland County Council v L and Others: CA 14 Mar 1996

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

Balkanbank v Taher and Others (No 2): CA 18 Nov 1994

The plaintiffs had sued in Ireland and obtained a Mareva injunction. That injunction was then first extended to a worldwide injunction, before being set aside. The court could itself to enquire as to damages without deciding whether to enforce the undertaking in damages given by the plaintiff. Judges: Neill LJ, Evans LJ, Saville LJ Citations: … Continue reading Balkanbank v Taher and Others (No 2): CA 18 Nov 1994

Stringman v McCardle: CA 19 Nov 1993

The Judge is not to be concerned with the intended application or use of interim damages requested to be paid to a Plaintiff. Citations: Ind Summary 06-Dec-1993, Times 19-Nov-1993, [1994] 1 WLR 1653 Statutes: Rules of the Supreme Court rule 11 Jurisdiction: England and Wales Cited by: Cited – Spillman v Bradfield Riding Centre QBD … Continue reading Stringman v McCardle: CA 19 Nov 1993

Moran v University College Salford (Practice Guidance – Leave to Appeal): CA 27 Oct 1993

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

McDonald and Others v Horn and Others: CA 8 Aug 1994

A court may make a pre-emptive award of costs to pension fund members who wished to sue the trustees. Hoffmann LJ said: ‘if one looks at the economic relationships involved, there does seem to me to be a compelling analogy between a minority shareholder’s action for damages on behalf of the company and an action … Continue reading McDonald and Others v Horn and Others: CA 8 Aug 1994

Nottingham Building Society v Peter Bennett and Co (a Firm): CA 14 Feb 1997

A writ is deemed to have been served if there has been even the briefest of possession of it by a defendant seeing the nature of the document. Citations: Times 26-Feb-1997, [1997] EWCA Civ 1024 Statutes: Rules of the Supreme Court Order 65 2 Jurisdiction: England and Wales Litigation Practice Updated: 04 October 2022; Ref: … Continue reading Nottingham Building Society v Peter Bennett and Co (a Firm): CA 14 Feb 1997

In re Highfield Commodities Ltd: ChD 1985

The court’s discretion in appointing provisional liquidators is unfettered provided it is exercised in a ‘proper judicial manner’. Sir Robert Megarry V-C said: ‘I would respectfully express my complete agreement with the view taken by [the judge]. I do not think that the old authorities, properly read, had the effect of laying down any rule … Continue reading In re Highfield Commodities Ltd: ChD 1985

A B and others v Leeds Teaching Hospitals NHS Trust: QBD 9 May 2003

The claimants were involved in a group litigation with regard to the removal of organs without consent from deceased children. The defendant sought an order capping the costs which might be claimed. Held: In GLO cases the desirability of ensuring that costs are kept within bounds makes it unnecessary for the court to require exceptional … Continue reading A B and others v Leeds Teaching Hospitals NHS Trust: QBD 9 May 2003

JSC BTA Bank v Solodchenko and Others: ChD 5 Aug 2011

The claimant sought discovery of documents from the solicitors for a defendant said to be in contempt of court. Held: The disclosure was required to support an existing finding of contempt and in enforcing the order for committal. Henderson J said that in the absence of such an order the disclosure order would not have … Continue reading JSC BTA Bank v Solodchenko and Others: ChD 5 Aug 2011

Mediterranea Reffineria Siciliana Petroli SpA v Mabanaft GmbH: CA 2 Jan 1978

The plaintiff sought orders to assist it in tracing the product of a cargo of oil, delivery of which was alleged to have been obtained from the plaintiff without the production of bills of lading, Mr. Justice Mocatta had made a sweeping order requiring directors and an employee of the defendant company to make full … Continue reading Mediterranea Reffineria Siciliana Petroli SpA v Mabanaft GmbH: CA 2 Jan 1978

Iraqi Ministry of Defence and Others v Arcepey Shipping Co SA, The Angel Bell: 1980

The court considered whether a defendant should be allowed to pay his debts as they fell due despite an asset freezing order. Held: The Mareva jurisdiction should not ‘improve the position of claimants’. Rather, it should prevent the injustice of a defendant removing his assets from the jurisdiction which may have otherwise been available to … Continue reading Iraqi Ministry of Defence and Others v Arcepey Shipping Co SA, The Angel Bell: 1980

Vandersteen (Executor of the Estate of Mcguinness, Dec’d) v Agius and Another: CA 29 Oct 1997

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

Crancour Ltd v Da Silvaesa and Another: CA 26 Feb 1986

The plaintiff sought possession of two rooms in a house occupied by the defendants separately. The agreements stated that they were licences. The agreements excluded the occupiers between 10:30am and noon on each day. The occupiers claimed to be tenants with protection. Held: The tenants’ appeal against summary orders for posession were successful, and the … Continue reading Crancour Ltd v Da Silvaesa and Another: CA 26 Feb 1986

Arab Monetary Fund v Hashim and Others (No 4): CA 9 Sep 1992

A Court had jurisdiction to order the consolidation of actions even before their respective writs had been served. It became a ‘pending’ action under the Order on issue of the originating process. Citations: Gazette 09-Sep-1992, [1992] 1 WLR 1176 Statutes: Rules of the Supreme Court Ord 4 r9(1) Jurisdiction: England and Wales Citing: Appeal from … Continue reading Arab Monetary Fund v Hashim and Others (No 4): CA 9 Sep 1992

Golden Ocean Assurance Ltd v Martin (“The Goldean Mariner”): CA 1990

Various defendants were served out of the jurisdiction but with the wrong copies of the writs, receiving a copy addressed to another defendant. One defendant received no writ at all, but only a form of acknowledgment of service. Held: The court unanimously accepted that O.2. r.1 was to be given wide effect. The majority held … Continue reading Golden Ocean Assurance Ltd v Martin (“The Goldean Mariner”): CA 1990

Morgan Crucible Company Plc v Hill Samuel and Co Ltd: ChD 24 Jul 1990

The court laid down the procedure on a strike out application: ‘On an application to strike out a pleading under RSC Ord.18, r.19(1)(a) no evidence is admissible and since it is only the pleading itself which is being examined, the court is required to assume that each and every one of the facts pleaded (unless … Continue reading Morgan Crucible Company Plc v Hill Samuel and Co Ltd: ChD 24 Jul 1990

Panayiotou and Others v Sony Music Entertainment (UK) Ltd: ChD 21 Jul 1993

The rules do not limit the inherent jurisdiction of the court to make requests to foreign courts to ensure the production of documents from abroad. There is no logical reason why the principles by reference to which the court determines whether, and if so to what extent, to require a person who is not a … Continue reading Panayiotou and Others v Sony Music Entertainment (UK) Ltd: ChD 21 Jul 1993

Kamali v City and Country Properties Ltd: CA 24 Jul 2006

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

Re M (Disclosure): FD 20 May 1998

Children proceedings must not become overburdened by expert evidence which vastly increase expense. Closer case management was urged by courts as urged. Disclosure of background reports to a legal adviser under conditions of confidentiality was discussed. Citations: Gazette 20-May-1998 Statutes: Rules of the Supreme Court 1965 Order 40 Jurisdiction: England and Wales Citing: Approved – … Continue reading Re M (Disclosure): FD 20 May 1998

London and County Securities Ltd v Caplin: ChD 26 May 1978

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

Owens Corning Fiberglas (UK) Pension Plan Ltd: ChD 25 Jun 2002

The pension scheme trustees had obtained leave to issue proceedings to compromise a claim without naming any defendants under the rules. The beneficiaries sought leave to be joined. Held: The urgency of the situation now required the proceedings to be allowed to go ahead without delay, but it would have been better for the trustees … Continue reading Owens Corning Fiberglas (UK) Pension Plan Ltd: ChD 25 Jun 2002

United Arab Emirates v Abdelghafar and Another: EAT 10 Jul 1995

The appellant challenged a decision by the tribunal made in its absence that the tribunal had jurisdiction to hear against it a claim for unfair dismissal. Held: The tribunal had erred. Though Sengupta had been decided under common law, it remained instructive. Though the tribunal had cited the section, it had not applied it correctly. … Continue reading United Arab Emirates v Abdelghafar and Another: EAT 10 Jul 1995

Union Bank of the Middle East Ltd v Clapham: CA 15 Jul 1981

The bank having sued the defendant under a guarantee, the defendant sought to join in the principal debtor company to pursue a counterclaim. The defendant appealed a refusal on the ground that the principal would not itself have been given leave to serve a writ on the plaintiff who was outside the jurisdiction. Held: The … Continue reading Union Bank of the Middle East Ltd v Clapham: CA 15 Jul 1981

Afrika and others v Cape Plc and others; X Y Z and Others v Schering health Care Ltd; Sayers and Others v Merck, Smithkline Beecham plc MMR/MR vaccine litigation: CA 21 Dec 2001

Claimants sought damages for personal injuries after immunisation with the MMR vaccine. Citations: [2001] EWCA Civ 2027 Links: Bailii Statutes: Civil Procedure Rules Jurisdiction: England and Wales Citing: Cited – Davies v Eli Lilly and Co (Opren Litigation) CA 1987 The powers in the section together with the power to make orders for costs under … Continue reading Afrika and others v Cape Plc and others; X Y Z and Others v Schering health Care Ltd; Sayers and Others v Merck, Smithkline Beecham plc MMR/MR vaccine litigation: CA 21 Dec 2001

W T Lamb and Sons v Rider: CA 1948

The judge at first instance had rescinded the master’s order giving leave to the judgment creditor to proceed to levy execution although six years had passed since the judgment. On appeal the judgment creditor challenged the validity of the rule of court dating from 1883 requiring leave to proceed to levy execution. It was contended … Continue reading W T Lamb and Sons v Rider: CA 1948

Geenty v Channel Four Television Corporation and Jessel: CA 13 Jan 1998

The claimant police officer appealed against dismissal of his claim in defamation. Held: The words were capable of implicating the plaintiff in the neglect, they were also capable of implicating him in the accusation of maltreatment. The claim should not be struck out. Where the judge at first instance has held that words are not … Continue reading Geenty v Channel Four Television Corporation and Jessel: CA 13 Jan 1998

Spath Holme Ltd v Chairman of the Greater Manchester and Lancashire Rent Assessment Committee (No2); Curtis v Similar: QBD 2 Jan 1998

A Bill of costs could be presented even though counsel’s fee had not yet been agreed; an extension of time was properly granted. Citations: Times 02-Jan-1998 Statutes: Rules of the Supreme Court Order 62 Jurisdiction: England and Wales Citing: See also – Spath Holme Ltd v Greater Manchester and Lancashire Rent Assessment Committee CA 9-Aug-1995 … Continue reading Spath Holme Ltd v Chairman of the Greater Manchester and Lancashire Rent Assessment Committee (No2); Curtis v Similar: QBD 2 Jan 1998

Bank of Credit and Commerce International (Overseas) Ltd (In Liquidation) v Habib Bank Ltd: ChD 20 Jul 1998

Where judgment was entered in default but there was some significant defect in that judgment it would not in future be set aside automatically, but the court should look to the merits, correct the error, consider the merits and then decide what to do. Citations: Times 20-Jul-1998 Statutes: Rules of the Supreme Court Order 13 … Continue reading Bank of Credit and Commerce International (Overseas) Ltd (In Liquidation) v Habib Bank Ltd: ChD 20 Jul 1998

Kenneth Allison Ltd v AE Limehouse Ltd: HL 1992

If one party, knowing that another wishes to serve process upon him, requests or authorises the other to do so in a particular way which is outside the Rules and the other does so, then, unless the Rules themselves prohibit consensual service, the party so served cannot be heard to say that the service was … Continue reading Kenneth Allison Ltd v AE Limehouse Ltd: HL 1992

Arab Monetary Fund v Hashim and Others (No 8): ChD 17 Jun 1993

Leave to amend was given to the defendant to add a claim for a contribution. It was not an issue of fact. The statute did not imply any assumption that the defendant would would not maintain a defence. Matters of foreign law were not part of the facts of a case. Judges: Chadwick J Citations: … Continue reading Arab Monetary Fund v Hashim and Others (No 8): ChD 17 Jun 1993

AIB Finance Ltd v Debtors: ChD 10 Apr 1997

A Statutory Demand is only finally decided after the failure of a set aside application. Judges: Carnwath J Citations: Times 10-Apr-1997, [1997] 2 BCLC 354 Statutes: Rules of the Supreme Court O59R10(2) Cited by: Appeal from – AIB Finance Ltd v Debtors (Alsop and Another) CA 11-Mar-1998 The duty of care of a lender to … Continue reading AIB Finance Ltd v Debtors: ChD 10 Apr 1997

Omega Engineering Inc v Omega SA: ChD 20 May 2003

An ‘unless’ order had been agreed between the parties, but the order had not allowed for what would happen if either party sought permission to appeal. The respondent argued that the claimant could not have an extension of time pending the outcome of his application for permission, saying that the court was now functus officio. … Continue reading Omega Engineering Inc v Omega SA: ChD 20 May 2003

Derby and Co Ltd And Others v Weldon And Others (No 9): ChD 25 Jul 1990

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

Grant v Southwestern and County Properties Ltd: ChD 1974

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

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

Condliffe v Hislop and Another: CA 3 Nov 1995

The plaintiff, a bankrupt, pursued libel proceedings. He was being financed by his mother who had limited resources. She undertook to pay any order for costs, but the Master ordered a stay under the inherent jurisdiction of the court to prevent abuse of process unless the plaintiff provided security. The plaintiff appealed and the mother … Continue reading Condliffe v Hislop and Another: CA 3 Nov 1995

British and Commonwealth Holdings Plc (In Administration) v Barclays De Zoete Wedd Ltd; Same v Atlantic Computers Plc, David Mccormick and Others; Etc: ChD 13 Nov 1998

The fact that evidence had been obtained under compulsion was not sufficient reason to prevent its disclosure for other civil matters if the Rule’s requirements were met and it was necessary to achieve fairness or reduction in costs. Citations: Times 13-Nov-1998, Gazette 25-Nov-1998 Statutes: Rules of the Supreme Court Order 24 R 13 Jurisdiction: England … Continue reading British and Commonwealth Holdings Plc (In Administration) v Barclays De Zoete Wedd Ltd; Same v Atlantic Computers Plc, David Mccormick and Others; Etc: ChD 13 Nov 1998

ISC Technologies Limited v Radcliffe: 7 Dec 1990

It was alleged that a Mr Guerin had committed a fraud on the arms manufacturer Ferrari. Held: The constructive trust provision in RSC Order 11, r 1(1)(t) applied only if all the acts necessary to impose liability were committed in England, and that accordingly it applied to knowing participation by acts in a fraudulent breach … Continue reading ISC Technologies Limited v Radcliffe: 7 Dec 1990

Rahman (Prince Abdul) bin Turki al Sudairy v AbuTaha: CA 1 Jun 1980

Lord Denning, MR said: ‘So I would hold that a Mareva injunction can be granted against a man even though he is based in this country if the circumstances are such that there is a danger of his absconding, or a danger of the assets being removed out of the jurisdiction or disposed of within … Continue reading Rahman (Prince Abdul) bin Turki al Sudairy v AbuTaha: CA 1 Jun 1980

Swale Storage and Distribution Services Ltd v Sittingbourne Paper Co Ltd: CA 30 Jul 1998

Where there were in fact two claims, whether consolidated or not and different success for each claim, costs should follow each event, and be apportioned according to the time taken by each matter. Citations: Times 30-Jul-1998 Statutes: Rules of the Supreme Court Order 62 R 3(3) Jurisdiction: England and Wales Costs Updated: 11 May 2022; … Continue reading Swale Storage and Distribution Services Ltd v Sittingbourne Paper Co Ltd: CA 30 Jul 1998

Swale Storage and Distribution Services Ltd v Sittingbourne Paper Co Ltd: CA 9 Sep 1998

Where there were in fact two claims, whether consolidated or not and different success for each claim, costs should follow each event, and be apportioned according to the time taken by each matter. Citations: Gazette 09-Sep-1998 Statutes: Rules of the Supreme Court Order 62 R 3(3) Jurisdiction: England and Wales Costs Updated: 11 May 2022; … Continue reading Swale Storage and Distribution Services Ltd v Sittingbourne Paper Co Ltd: CA 9 Sep 1998

International Asset Control Ltd (Trading As Iac Films) v Films Sans Frontieres Sarl: CA 26 Oct 1998

A court could grant conditional leave to defend in a summary judgement application with an order for assessment of damages, where there is a triable issue as to quantum. The power stems from the words of Order 14. Citations: Times 26-Oct-1998 Statutes: Rules of the Supreme Court Order 14 Jurisdiction: England and Wales Litigation Practice … Continue reading International Asset Control Ltd (Trading As Iac Films) v Films Sans Frontieres Sarl: CA 26 Oct 1998

Greening and Another (Trading As Automania) v Williams: CA 10 Dec 1999

In order to establish a plea of tender before, the defendant had, in addition to making the actual payment into court, also to serve on the claimant the formal notice required under the rules to say that the payment had been made. In the absence of such, he achieved no protection form an award of … Continue reading Greening and Another (Trading As Automania) v Williams: CA 10 Dec 1999

Countryside Residential (North Thames) Ltd v Tugwell: CA 4 Apr 2000

A company was granted a licence to enter on land, for surveys and technical investigations, with a view eventually to its purchase. The land was occupied by protesters, and the company sought an injunction to exclude them. It was held that the licence did not give a right to occupy the land to the exclusion … Continue reading Countryside Residential (North Thames) Ltd v Tugwell: CA 4 Apr 2000

Care First Partnership Ltd v Roffey and Others: CA 22 Nov 2000

An employment tribunal had no power to dismiss a claim as without a reasonable prospect of success before it was begun to be heard. The power to regulate its own hearings did not include such a power, and the power to dismiss a claim as frivolous or vexatious, or for failure to comply with directions … Continue reading Care First Partnership Ltd v Roffey and Others: CA 22 Nov 2000