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
Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal. Held: The test in Gough should be restated in part so that the court must first ascertain all the circumstances which have a bearing on the suggestion that the judge was biased. … Continue reading Lawal v Northern Spirit Limited: HL 19 Jun 2003
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
The claimant sought an order requiring delivery of possession of land occupied by the respondent objectors. They needed to remove trees from the land in order to construct a runway on their own adjacent land. The claimant had been granted a licence to enter on the land to remove the trees. The respondents said the … Continue reading Manchester Airport Plc v Dutton and others: CA 23 Feb 1999
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
Applicant must show good reason for delay when applying to extend writ. Citations: Times 15-Nov-1993 Statutes: Rules of the Supreme Court order 6 rule 8 Jurisdiction: England and Wales Litigation Practice Updated: 22 November 2022; Ref: scu.89270
ECHR Article 6Civil proceedingsArticle 6-1Impartial tribunalIndependent tribunalStructural defects of the system of judicial discipline: violationFair hearingAbsence of limitation period for imposing disciplinary penalty on judges and abuse of electronic vote system in Parliament when adopting decision on judge’s dismissal: violationsTribunal established by lawComposition of chamber examining applicant’s case defined by a judge whose term of … Continue reading Oleksandr Volkov v Ukraine: ECHR 9 Jan 2013
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
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
Appeal against garnishee order nisi. Citations: [1996] EWCA Civ 620 Statutes: Rules of the Supreme Court 1965 49(1) Jurisdiction: England and Wales Litigation Practice Updated: 31 October 2022; Ref: scu.140487
Mother and father disputed whether the father should be allowed contact with their child S. Court orders had been made for residential and non-residential contact, but there were difficulties and the order for contact was reversed on the basis that S was hostile to it. Held: The father’s appeal failed. A parent continued to have … Continue reading NJDB v JEG and Another: SC 23 May 2012
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
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
The defendant may not use propriety of arbitrators’ costs award as defence to Ord. 14. Citations: Times 16-Dec-1993 Statutes: Rules of the Supreme Court 14 Jurisdiction: England and Wales Litigation Practice Updated: 26 October 2022; Ref: scu.79265
Practice and Procedure/Part Time Workers The Claimant was a retired chairman in the Residential Property Tribunal Service. On 20/10/11 she brought a claim against the MOJ as part of the O’Brien/Miller litigation claiming that in receiving no pension she was being subjected to discrimination as a part-time worker. Her claim was stayed pending the outcome … Continue reading Ministry of Justice v McGrandle: EAT 26 Jul 2022
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
A husband and wife had each executed the will which had been prepared for the other, owing to an oversight on the part of their solicitor; the question which arose was whether the will of the husband, who died after his wife, was valid. The parties disputed whether the will have been validly executed, and … Continue reading Marley v Rawlings and Another: SC 22 Jan 2014
In each case the tenant occupied the property as his home, but was not a secure tenant of the local authority. The Court was asked whether, in granting a possession order in such a case, the court was obliged to consider the proportionality of the order requested. Powell had been given emergency accomodation as a … Continue reading London Borough of Hounslow v Powell, Leeds City Council v Hall etc: SC 23 Feb 2011
The claimant had cohabited with the deceased. After his death, she applied for a grant of letters of administration in his estate, but this was rejected on the basis that she had no sufficient interest to make a claim to probate. The deceased had died but shortly after his divorce the defendants said that he … Continue reading O’Brien v Seagrave and Another: ChD 23 Mar 2007
The Council had granted planning pemission for four blocks of student accomodation. The Executive objected that it had not dealt properly with the issue the proximity of a liquified petroleum gas storage depot. Held: Though there had been some confusion as to the need to revoke all or part only of the consent, the council’s … Continue reading The Health and Safety Executive v Wolverhampton City Council and Victoria Hall Ltd: CA 30 Jul 2010
The parties had been involved in protracted litigation where a freezing order had been made to support a claim which was eventually dismissed. The claimant sought to have set aside an earlier order made ordering him to pay costs on failing to have the order discharged. Held: The order had been made under the former … Continue reading Deg-Deutsche Investitions – Undentwicklungs Gesellschaft Gmbh v Thomas Koshy: ChD 13 Dec 2004
A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers. Held: ‘Vicarious liability is legal responsibility imposed on an employer, although he is himself free from blame, for a tort committed by his … Continue reading Lister and Others v Hesley Hall Ltd: HL 3 May 2001
S owned several propertie in charge to the bank, but the Agency said that each had been acquired with the proceeds of criminal activity. The parties had settled the claim by the grant of a second charge in favour of the Agency. However when that property was sold, the bank’s first charge (securing money also … Continue reading Szepietowski v The National Crime Agency: SC 23 Oct 2013
The court was asked as to the interrelationship of the statutory schemes relating to the protection of employees’ pensions and to corporate insolvency. Held: Liabilities which arose from financial support directions or contribution notices issued by the Pensions Regulator under the 2004 Act after the company had gone into administration, which required the company to … Continue reading In re Nortel Companies and Others: SC 24 Jul 2013
Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on licence but then recalled to custody. The other appeals (Booth and Reilly) were indeterminate sentence prisoners … Continue reading Osborn v The Parole Board: SC 9 Oct 2013
Europa The concept of ‘charge having equivalent effect’ under the agricultural regulations must be taken to have the same meaning as in articles 9 et seq . Of the treaty. The prohibition of all customs duties and charges having equivalent effect covers any charge levied at the time or by reason of importation and which, … Continue reading Fratelli Variola Spa v Amministrazione Delle Finanze Dello Stato: ECJ 10 Oct 1973
The parties disputed the effect of a clause aggregating claims for the purposes of limiting an insurer’s liability under professional negligence insurance. Held: the claims of each group of investors arise from acts or omissions in a series of related transactions. The transactions fitted together in that they shared the common underlying objective of the … Continue reading AIG Europe Ltd v Woodman and Others: SC 22 Mar 2017
Coulson J considered RSC Order 52 to decide whether he had jurisdiction to hear a complaint of contempt of court arising from statements filed in County Court proceedings and said to be false. Held: He did have jurisdiction: ‘At the outset of the trial, I raised with the parties my concern as to jurisdiction. This … Continue reading Walton v Kirk: QBD 3 Apr 2009
Challenge to rules requiring certain minimum levels of income (Minimum Income Requirement – MIR) for allowing entry for non-EEA spouse. Held: The challenges udder the Human Rights Act to the Rules themselves failed. Nor did any separate issue of discrimination arise under article 14. However, the appendix with instructions for entry clearance officers considering the … Continue reading MM (Lebanon) and Others, Regina (on The Applications of) v Secretary of State and Another: SC 22 Feb 2017
Proposed changes to the Legal Aid regulations were challenged as being invalid, for being discriminatory. If regulations are not authorised under statute, they will be invalid, even if they have been approved by resolutions of both Houses under the provisions of the relevant enabling Act. Held: The appeal succeeded as to the ultra vires issue.Lord … Continue reading The Public Law Project, Regina (on The Application of) v Lord Chancellor: SC 13 Jul 2016
A matter is deemed to be concluded for taxation purposes even though the matter might go on to be heard in the European Court of Justice. Citations: Gazette 21-Apr-1993 Statutes: Rules of the Supreme Court 62-8-1 Jurisdiction: England and Wales Litigation Practice Updated: 19 July 2022; Ref: scu.81931
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 claimants, a firm of accountants, sued their former clients for unpaid fees. The defendant company counterclaimed for professional negligence. The claimant had expended andpound;5.6m in costs. The claimants now sought a non-party costs order against former directors of the company, which had gone into administration. They said that the company’s counterclaim was built on … Continue reading Chantrey Vellacott v The Convergence Group Plc and others: ChD 31 Jul 2007
The applicants complained that they had been made subject to non-derogating control orders as suspected terrorists, but that the failure to inform them of the allegations or evidence against them was unfair and infringed their human rights. The material was withheld in the interests of national security. Held: The failure to supply the defendants with … Continue reading Secretary of State for the Home Department v AF AN and AE (No 3): HL 10 Jun 2009
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
After long running litigation between the parties, a shareholder and director of Apollo sought to represent the company in person. He was refused leave by the Court of Session, and now sought to appeal. The Court considered the possibility of an appeal given that he was not a party to the action. Held: The appeal … Continue reading Apollo Engineering Ltd v James Scott Ltd (Scotland): SC 13 Jun 2013
Application for disclosure against a non-party. Citations: [2006] EWHC 2756 (TCC) Links: Bailii Statutes: Supreme Court Act 1981 34, Civil Procedure Rules 1998 31.17 Litigation Practice, Civil Procedure Rules Updated: 08 July 2022; Ref: scu.246935
The making of an order allowing the plaintiff’s to execute a search on the other party’s premises is in effect part of the process of discovery. Templeman J discussed the making of such orders ex parte: ‘if it appears that the object of the plaintiffs’ litigation will be unfairly and improperly frustrated by the very … Continue reading EMI v Pandit: ChD 3 Dec 1974
The claimant had in the course of proceedings obtained an order requiring an employee of the third party to attend as a witness. That third party now sought to be joined so as to claim its costs. Held: The Act and the rules allowed the court to make an order for costs against a party … Continue reading Individual Homes Ltd v Macbream Investments Ltd: ChD 23 Oct 2002
Grand Chamber – The applicant alleged that there had been a violation of her right of access to a court, as guaranteed by Article 6-1 of the Convention.The applicant was a secretary and switchboard operator employed in the Polish embassy in Vilnius, Lithuania. The Supreme Court of Lithuania’s decision was based on the Strasbourg court’s … Continue reading Cudak v Lithuania: ECHR 23 Mar 2010
In deciding how to characterise a claim, the court must examine its substance, and not be misled by appearances. The territorial principle requires attention to be paid to the place where the act was committed. The court defined what was meant by a penal law in the context of justiciability to include: ‘all breaches of … Continue reading Huntington v Attrill: HL 1893
The Court set out the range of remedies available to protect court processes from abuse by litigants who persist in making applications totally devoid of merit. The courts are facing very serious contemporary problems created by the activities of litigants who bombard them with applications which have no merit at all. The court made an … Continue reading Bhamjee v Forsdick and Others (No 2): CA 25 Jul 2003
Six appeals concerned a number of aspects of the new Conditional Fee Agreement. Held: It should be normal for a CFA, redacted as necessary, to be disclosed for costs proceedings where a success fee is claimed. If a party seeks to rely on the CFA, as a matter of fairness she should ordinarily be put … Continue reading Hollins v Russell etc: CA 22 May 2003
In a claim aganst the police, it had become apparent that some parts of the trial would require the examination of detailed documents. The defendant appealed a refusal of its request for the matter to be heard without a jury. Held: The Act and the Rules explicitly acknowledged the possibility of splitting a trial between … Continue reading Phillips v Commissioner of Police of the Metropolis: CA 20 Mar 2003
The applicant had been questioned several times without access to a lawyer while he was in police custody. Held: Overall there had been no breach of article 6(1). The right set out in article 6(3)(c) is one element, among others, of the concept of a fair trial in criminal proceedings in article 6(1). The way … Continue reading Imbrioscia v Switzerland: ECHR 24 Nov 1993
UNFAIR DISMISSAL, DISABILITY DISCRIMINATION The Appeal Tribunal was asked to consider the Employment Tribunal’s approach to the assessment of loss of earnings compensation and remedy for constructive unfair dismissal and disability discrimination dismissal. The issues were firstly whether the Employment Tribunal (ET) had assessed loss on the balance of probabilities or on the basis of … Continue reading Shittu v South London and Maudsley NHS Foundation Trust (Unfair Dismissal, Disability Discrimination): EAT 13 Jul 2021
(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him to speak out. Held: The demonstration did contravene the restriction on publishing his views. Analogies … Continue reading De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others: PC 30 Jun 1998
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
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
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
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
A Plaintiff was entitled to an award of costs on a summary judgment though that was the only remedy sought. Citations: Times 31-Dec-1996 Statutes: Rules of the Supreme Court Order 14 Costs Updated: 19 May 2022; Ref: scu.79791
A plaintiff electing to take an account of profits cannot accept a payment into court, since his was not a claim in damages. Citations: Times 03-Jan-1997 Statutes: Rules of the Supreme Court 22 3 Litigation Practice Updated: 18 May 2022; Ref: scu.78535
The court considered its power to order transfer of assets from one jurisdiction (in this case Switzerland) to another in aid of a Mareva injunction. Held: An order that assets be delivered or transferred to a receiver was a usual one.The appointment of a receiver over foreign assets is an in personam remedy. Dillon LJ … Continue reading Derby and Co v Weldon (No 6): CA 3 Jan 1990
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
The court referred to the judgment in Francis -v- Bostock: ‘That judgment of Russell J., as he then was, has been followed in other cases and it is with some trepidation that I decided not to follow it here, for the following reasons. First, in a case like this, which is one where any wise … Continue reading Anderson v Davis: QBD 1993
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
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
United States Supreme Court – The court considered the Federal Rules of Evidence in the use of expert or skilled evidence: ‘If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, … Continue reading Daubert v Merrell Dow Pharmaceuticals Inc: 28 Jun 1993
Applications were made by foreign nationals, residing unlawfully in the UK, for leave to remain as the partners of British citizens with whom they had formed relationships during their unlawful residence, relying primarily on the duty imposed on the Secretary of State by the 1998 Act to act compatibly with the right to respect for … Continue reading Agyarko and Ikuga, Regina (on The Applications of) v Secretary of State for The Home Department: SC 22 Feb 2017
The deceased died after being hit by a policemen with his baton when being arrested. The verdict of misadventure was now challenged. The police officer said he had hit out in fear of imminent attack. It was said that the Coroner had permitted those representing the police to bring in previous convictions recorded against the … Continue reading Regina v Southwark Coroner ex parte Fields: Admn 30 Jan 1998
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
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
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
A person requiring leave to issue proceedings as a vexatious litigant, had also to obtain leave again before entering an appeal to the Court of Appeal. The entering of an appeal is either the institution of new proceedings, or an application requiring leave as an application in any civil proceedings instituted in any court.Sir Richard … Continue reading Johnson v Valks: CA 23 Nov 1999
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
It was suggested that Chadwick J should not continue with the case, having heard previous hearings. He refused to recuse himself. The defendant appealed. Held: Counsel must use his own and conscientious judgment that there was proper evidence before asking a judge to stand down for apparent bias. Sir Thomas Bingham MR asked the question … Continue reading Arab Monetary Fund v Hashim and Others (No 8): CA 30 Apr 1993
Standard of Proof for Narrative Verdict ‘This appeal arises out of the inquest held into the death of Mr James Maughan. It concerns the standard of proof, or degree of conclusivity, required for the determination of the result of an inquest into a death where the question is whether the deceased committed suicide. The result … Continue reading Maughan, Regina (on The Application of) v Her Majesty’s Senior Coroner for Oxfordshire: SC 13 Nov 2020
A writ had been served on the lunatic defendant’s business manager. The Court Rules provided: ‘When a lunatic or person of unsound mind not so found by inquisition is a defendant to the action, service on the committee of the lunatic, or on the person with whom the person of unsound mind resides or under … Continue reading The Fore Street Warehouse Company Ltd v Durrant and Co: 1883
United States Supreme Court – Under the Illinois Election Code, new political parties and independent candidates must obtain the signatures of 25,000 qualified voters in order to appear on the ballot in statewide elections. However, the minimum number of signatures required in elections for offices of political subdivisions of the State is 5% of the … Continue reading Illinois State Board Of Elections v Socialist Workers Party Et Al: 22 Feb 1979
The parties disputed what constituted an application under section 288 of the 1990 Act. Held: Though the time limit for filing an application was absolute, a discretion remained with the court to allow subsequent service out of time in the court rules. The Inspector’s letter was not sufficiently clear as to whether permission was being … Continue reading Mendip District Council v Secretary of State for the Environment and Castle Housing Society Limited: 1993
The father had applied for a summary order requiring the return of the daughter to Israel. The Court was asked to consider whether the Court of Appeal, having determined that such an order could not be granted under the Hague Convention on the Civil Aspects of International Child Abduction 1980 (‘the Convention’), was nonetheless entitled … Continue reading In re NY (A Child) (Reunite International and others intervening): SC 30 Oct 2019
A section 51 non-party costs application should not be used as a substitute for the pursuit of a related cause of action against the non-party in ordinary proceedings. Nine rules were set out for allowing a costs order against someone who is not a party to the action. Such orders should be exceptional. The normal … Continue reading Symphony Group Plc v Hodgson: CA 4 May 1993
Challenge to the making of a non-party costs order under section 51 of the Senior Courts Act 1981 against the product liability insurer of one of the defendants in litigation being managed under a Group Litigation Order (‘GLO’). Many of the claimants in the successful action were not insured, and Travelers, the defendant’s insurers resisted … Continue reading Travelers Insurance Company Ltd v XYZ: SC 30 Oct 2019
The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the pleaded facts, Mr Chopra and Mr Nazir were the directing organ of Bilta under its constitution. … Continue reading Jetivia Sa and Another v Bilta (UK) Ltd and Others: SC 22 Apr 2015
(Supreme Court of Canada) A challenge was to be made by Indian Bands to a prohibition on logging on their lands without prior authorisation. They asserted aboriginal title to the land in question and complained of a breach of their constitutionally protected aboriginal rights. They sought a protective costs order. Held: ‘The jurisdiction to order … Continue reading British Columbia (Minister of Forests) v Okanagan Indian Band: 2003
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 Respondent was trustee of the British Coal Staff Superannuation Scheme, a registered pension fund holding a large portfolio of shares in UK and overseas companies. Between 2002 and 2008, the pension fund undertook ‘stock lending’ transactions, transferring overseas shares to borrowers on the basis that the borrowers would retransfer to it the same or … Continue reading Revenue and Customs v Coal Staff Superannuation Scheme Trustees Ltd: SC 27 Apr 2022
Judgment had been entered by the plaintiff in default of defence, but before the time limit for filing a defence had expired. Such a judgment was fatally flawed, and could not be cured. The judgment had to be set aside without any consideration of the merits. Judges: Russell LJ and Hollis J Citations: Ind Summary … Continue reading Charlesworth and Others v Focusmulti Ltd and Others: CA 15 Mar 1993
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005
The appellant, a part time recorder challenged his exclusion from pension arrangements. Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata temporis. ‘The reality is that recorders are expected to observe the terms and conditions of their appointment, and that they may … Continue reading O’Brien v Ministry of Justice: SC 6 Feb 2013
No Condemnation Without Opportunity For Defence Ridge, a Chief Constable, had been wrongfully dismissed without being given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his behaviour. He now accepted that he should leave, but sought to … Continue reading Ridge v Baldwin (No 1): HL 14 Mar 1963
PIP Arrangements not Discriminatory The claimant suffered a life limiting condition, but not so that her death could be reasonably expected within six months. She complained that the resulting unavailability of PIP and UC without assessment was discriminatory as opposed to those who were predicted not so to survive, but did in fact do so. … Continue reading The Department for Communities v Cox: CANI 3 Aug 2021
Challenge to new rules on vexatious litigants. Judges: Sullivan J Citations: [2006] EWHC 504 (Admin), [2006] 2 All ER 993 Links: Bailii Statutes: Supreme Court Act 1981 42(1) Jurisdiction: England and Wales Litigation Practice Updated: 12 April 2022; Ref: scu.239254
A Judge may refuse a late application for leave to admit expert evidence to avoid adjournment. Citations: Times 19-Oct-1993 Statutes: Rules of the Supreme Court Order 38 Rule 36 Jurisdiction: England and Wales Citing: See Also – Winchester Cigarette Machinery Ltd v Payne and Another (No 2) CA 15-Dec-1993 Only special circumstances will allow stay … Continue reading Winchester Cigarette Machinery Ltd v Payne and Another (1): CA 19 Oct 1993
Only special circumstances will allow stay of execution pending appeal. Citations: Times 15-Dec-1993 Statutes: Rules of the Supreme Court Order 59 rule 13 Jurisdiction: England and Wales Citing: See also – Winchester Cigarette Machinery Ltd v Payne and Another (1) CA 19-Oct-1993 A Judge may refuse a late application for leave to admit expert evidence … Continue reading Winchester Cigarette Machinery Ltd v Payne and Another (No 2): CA 15 Dec 1993
The court should distinguish the concepts of locus standi and capacity when considering applications for judicial review. An unincorporated association is not a legal person and may not seek Judicial Review. Citations: Independent 13-Jan-1994, Times 21-Jan-1994 Statutes: Rules of the Supreme Court Order 53 3(7) Cited by: See Also – Regina v Darlington Borough Council … Continue reading Regina v Darlington Borough Council Ex Parte Association of Darlington Taxi Owners and Darlington Owner Drivers Association: QBD 13 Jan 1994
Prescribes procedures for inspecting witness statements filed at court. Citations: Gazette 06-Jan-1993 Statutes: Rules of the Supreme Court 38-2A Litigation Practice Updated: 09 April 2022; Ref: scu.84929
The court should provide reasonable rates for costs in Family Division. The registrar was right to use and apply his own knowledge of the rates charged locally in assessing what such reasonable rates would be. Citations: Ind Summary 22-Feb-1993 Statutes: Rules of the Supreme Court Ord 62 R 35 Jurisdiction: England and Wales Family Updated: … Continue reading L v L: FD 22 Feb 1993
Costs on an indemnity basis should be awarded only in rare circumstances. Citations: Times 07-Dec-1993 Statutes: Rules of the Supreme Court 62 3-4 Damages Updated: 08 April 2022; Ref: scu.82548
A solicitor’s lien on papers can be set aside by the court to allow litigation to proceed, where there was a continuing retainer, and the lien was with regard to concluded matters. However, the release of the papers would reduce the value of the lien, and it may also be appropriate to require the client … Continue reading Ismail and Another v Richards Butler (A Firm): QBD 23 Feb 1996
‘Ordinary application’ in Insolvency Rules not a pleading to be struck out. Court may strike out ‘ordinary application’ only if no basis at all for claim. Citations: Times 16-Dec-1993, Ind Summary 27-Dec-1993 Statutes: Rules of the Supreme Court Order 18 rule 19 Jurisdiction: England and Wales Litigation Practice, Insolvency Updated: 08 April 2022; Ref: scu.82125
Separate notices of appeal are not required for appeals against orders made in the same proceedings at the same trial or hearing. ‘There are three notices of appeal before us. Mr Hawes challenges three separate rulings of the judge during the course of the hearing. The fact that it was thought necessary to file three … Continue reading Hawes v Chief Constable of Avon and Somerset Constabulary; S v S; S v S: CA 20 May 1993
A foreign contract was within the purview of Order 11 of the Rules of the Supreme Court. The presence of an indemnity clause which was expressly subject to UK law made the rest of the contract also subject to UK law. The indemnity clause was still part of the contract despite government decree. Citations: Gazette … Continue reading Gulf Bank Ksc v Mitsubishi Heavy Industries Ltd: QBD 24 Aug 1993
Delay may not necessarily be fatal to an application to strike out. Citations: Ind Summary 22-Mar-1993 Statutes: Rules of the Supreme Court 18-19 Jurisdiction: England and Wales Litigation Practice Updated: 08 April 2022; Ref: scu.80955
‘[C]onstructive trustee’ must be read allowing both proprietary and personal claimants. Citations: Times 03-Mar-1997 Statutes: Rules of the Supreme Court Order 11 R1 Trusts Updated: 08 April 2022; Ref: scu.80806
The claimant had complained that the appellant Authority had made public a penalty imposed on a former employer but implicating him without he being first given an opportunity to make representations. Judges: Lord Neuberger, President, Lord Mance, Lord Wilson, Lord Sumption, Lord Hodge Citations: [2017] UKSC 19, [2017] Bus LR 64, [2017] 1 WLR 1095, … Continue reading Financial Conduct Authority v Macris: SC 22 Mar 2017
Rehearing/Review – Little Difference on Appeal The appellant asked the Court to reverse a decision on the facts reached in the lower court. Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. Tanfern was limited to appeals from … Continue reading Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002
A plaintiff must show that there is a ‘serious issue for trial’ to support and justify an application for overseas service. The standard of proof in respect of the cause of action relied on is whether, on the evidence, there was a serious question to be tried, i.e. a substantial question of fact or law, … Continue reading Seaconsar Far East Ltd v Bank Markazi Jomhouri Islami Iran: HL 15 Oct 1993
