Search Results for: Rules of the Supreme Court Order 14

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Benjamin, Vanderpool and Gumbs v The Minister of Information and Broadcasting and The Attorney General for Anguilla: PC 14 Feb 2001

PC (Anguilla) A first non-religious radio station had been formed, but came to include much criticism of the government. One programme was suspended by the government. The programme makers complained that this interfered with their constitutioinal and human rights to freedom of thought, freedom of expression and freedom from discrimination. Held: The motive in closing … Continue reading Benjamin, Vanderpool and Gumbs v The Minister of Information and Broadcasting and The Attorney General for Anguilla: PC 14 Feb 2001

Khan v General Pharmaceutical Council: SC 14 Dec 2016

The pharmacist had been removed from register the for a year after findings of domestic abuse. The court now considered what inquiry was required on an application for a continuation of that suspension. Held: The different appeals of both the GPC and the practitioner were allowed. The review committee’s powers were set out within the … Continue reading Khan v General Pharmaceutical Council: SC 14 Dec 2016

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

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

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

Marley v Rawlings and Another: SC 22 Jan 2014

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

Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

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

Regina (Gunn) v Secretary of State for the Home Department Regina (Kelly) v Same Regina (Zahid Khan) v Same: CA 14 Jun 2001

The new Regulations and court rules expressly reserved to a costs judge the decision about whether a costs order should be made against the Legal Services Commission. The former practice of the trial judge making this decision must no longer apply. The new rules did not operate to remove the power of the court to … Continue reading Regina (Gunn) v Secretary of State for the Home Department Regina (Kelly) v Same Regina (Zahid Khan) v Same: CA 14 Jun 2001

Les Laboratoires Servier and Another v Apotex Inc and Others: SC 29 Oct 2014

Ex turpi causa explained The parties had disputed the validity a patent and the production of infringing preparations. The english patent had failed and damages were to be awarded, but a Canadian patent remained the defendant now challenged the calculation of damages for what it said would have been an infringing trade, and pleaded ex … Continue reading Les Laboratoires Servier and Another v Apotex Inc and Others: SC 29 Oct 2014

Hounga v Allen and Another: SC 30 Jul 2014

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

Ridge v Baldwin (No 1): HL 14 Mar 1963

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

Newby Foods Ltd, Regina (on The Application of) v Food Standards Agency (No 7): Admn 7 May 2014

Citations: [2014] EWHC 1340 (Admin), [2014] WLR(D) 200, [2014] 4 All ER 222, [2014] 1 WLR 4589, [2014] 3 CMLR 21 Links: Bailii, WLRD Jurisdiction: England and Wales Citing: See Also – Newby Foods Ltd, Regina (on The Application of) v Food Standards Agency Admn 16-Jul-2013 . . See Also – Newby Foods Ltd, Regina … Continue reading Newby Foods Ltd, Regina (on The Application of) v Food Standards Agency (No 7): Admn 7 May 2014

Newby Foods Ltd, Regina (on The Application of) v Food Standards Agency and Another: Admn 21 May 2014

Judges: Mr Justice Edwards-Stuart Citations: [2014] EWHC 1492 (Admin) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Newby Foods Ltd, Regina (on The Application of) v Food Standards Agency Admn 16-Jul-2013 . . See Also – Newby Foods Ltd, Regina (on The Application of) v Food Standards Agency (No 2) Admn 26-Jul-2013 . … Continue reading Newby Foods Ltd, Regina (on The Application of) v Food Standards Agency and Another: Admn 21 May 2014

Newby Foods Ltd v Food Standards Agency: ECJ 16 Oct 2014

ECJ Judgment – Protection of health – Regulation (EC) No 853/2004 – Hygiene rules for food of animal origin – Annex I, points 1.14 and 1.15 – Concepts of ‘mechanically separated meat’ and ‘meat preparations’ – Regulation (EC) No 999/2001 – Prevention, control and eradication of certain transmissible spongiform encephalopathies – Consumer protection – Directive … Continue reading Newby Foods Ltd v Food Standards Agency: ECJ 16 Oct 2014

Mandalia v Secretary of State for The Home Department: SC 14 Oct 2015

The Court considered the guidance given to UK Border Agency case workers when considering document submitted by persons applying for leave to enter or stay in the UK as foreign students. M had applied to study here, but had not accompanied his application with evidence of his financial means. He said that the application should … Continue reading Mandalia v Secretary of State for The Home Department: SC 14 Oct 2015

Shahid v Scottish Ministers (Scotland): SC 14 Oct 2015

The appellant convicted of a racially-aggravated vicious murder. Since conviction he had spent almost five years in segregation from other prisoners. The appellant now alleged that some very substantial periods of segregation had been in breach of the prison rules and of his Human Rights. Time limits for authorisation had not been complied with. Held: … Continue reading Shahid v Scottish Ministers (Scotland): SC 14 Oct 2015

SM (Algeria) v Entry Clearance Officer, UK Visa Section: SC 14 Feb 2018

The Court was asked two questions, first as to its jurisdiction according to the meaning of an ‘EEA Decision’ within the 2006 Regulations, and second as to the position under the Directive of a child who is a third country national but has been placed in the legal guardianship of European Union citizens under the … Continue reading SM (Algeria) v Entry Clearance Officer, UK Visa Section: SC 14 Feb 2018

Kiani v Secretary of State for The Home Department: EAT 21 Nov 2014

EAT National Security – An immigration officer, C employed by the Home Office was suspended, his security clearance withdrawn, and then dismissed, all without any reason being given to him. He claimed it was because of discrimination against him on the grounds of race/religion. Rule 54 (National Security) was held to apply, and C was … Continue reading Kiani v Secretary of State for The Home Department: EAT 21 Nov 2014

Mamazhonov v Russia: ECHR 23 Oct 2014

ECHR Article 3 Inhuman treatment Failure by authorities to take preventive measures against risk of ‘disappearance’ of person at risk of ill-treatment in Uzbekistan: violation Positive obligations State’s accountability for ‘disappearance’ of person at risk of ill-treatment in Uzbekistan: no violation Article 34 Hinder the exercise of the right of petition Failure to take preventive … Continue reading Mamazhonov v Russia: ECHR 23 Oct 2014

Husayn (Abu Zubaydah) v Poland: ECHR 24 Jul 2014

ECHR Article 3 Torture Effective investigation Extradition Torture and inhuman and degrading treatment during and following applicants’ extraordinary rendition to CIA: violations Article 5 Article 5-1 Lawful arrest or detention Detention during and following operation involving extraordinary rendition to CIA: violations Article 6 Criminal proceedings Article 6-1 Fair hearing Extraordinary rendition to CIA despite real … Continue reading Husayn (Abu Zubaydah) v Poland: ECHR 24 Jul 2014

Al Nashiri v Poland (Legal Summary): ECHR 24 Jul 2014

ECHR Article 3 Torture Effective investigation Extradition Torture and inhuman and degrading treatment during and following applicants’ extraordinary rendition to CIA: violations Article 2 Extradition Article 2-1 Death penalty Extraordinary rendition to CIA of suspected terrorist facing capital charges: violation Article 5 Article 5-1 Lawful arrest or detention Detention during and following operation involving extraordinary … Continue reading Al Nashiri v Poland (Legal Summary): ECHR 24 Jul 2014

Biblical Centre of The Chuvash Republic v Russia: ECHR 12 Jun 2014

ECHR Article 9-1 Freedom of religion Dissolution of religious community without relevant and sufficient reasons: violation Facts – The applicant was a Pentecostal mission that registered as a religious organisation in November 1991. In 1996 it founded a Biblical college and Sunday school. However, it was dissolved with immediate effect in October 2007 by order … Continue reading Biblical Centre of The Chuvash Republic v Russia: ECHR 12 Jun 2014

Placi v Italy (Legal Summary): ECHR 21 Jan 2014

ECHR Article 3 Degrading treatment Positive obligations Absence of timely reaction by the Military to a conscript’s mental disorder: violation Facts – Following two medical examinations in which he was found fit for military service the applicant was conscripted in June 1994. During the subsequent months, he was subjected to various disciplinary measures, including 24 … Continue reading Placi v Italy (Legal Summary): ECHR 21 Jan 2014

In re Brownlee for Judicial Review: SC 29 Jan 2014

The appellant challenged the course taken in his criminal trial after his legal team had withdrawn citing professional embarassment. No replacement team could be found willing to act in a complicated sentencing matter because of the reduced fixed fee legal aid scheme. He had succeeded at first instance, but the Court of Appeal had held … Continue reading In re Brownlee for Judicial Review: SC 29 Jan 2014

Lord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 12 Nov 2014

The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription had been cancelled by the Tribunal. Lord Carlile appealed … Continue reading Lord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 12 Nov 2014

Plevin v Paragon Personal Finance Ltd: SC 12 Nov 2014

PPI Sale – No Recovery from Remote Parties The claimant sought repayment of payment protection insurance premiums paid by her under a policy with Norwich Union. The immediate broker arranging the loan was now insolvent, and she sought repayment from the second and other level intermediaties. She said that the commission disclosure by the defendants … Continue reading Plevin v Paragon Personal Finance Ltd: SC 12 Nov 2014

Healthcare at Home Ltd v The Common Services Agency: SC 30 Jul 2014

The court asked how to apply the concept in European law of ‘The reasonably well-informed and diligent tenderer’. The pursuer had had a contract for the delivery of healthcare services, but had lost it when it was retendered. Held: When an unsuccessful tenderer for a public contract challenges that award, the issue as to whether … Continue reading Healthcare at Home Ltd v The Common Services Agency: SC 30 Jul 2014

ZH and CN, Regina (on The Applications of) v London Boroughs of Newham and Lewisham: SC 12 Nov 2014

The court was asked whether the 1977 Act required a local authorty to obtain a court order before taking possession of interim accommodation it provided to an apparently homeless person while it investigated whether it owed him or her a duty under Part VII of the 1996 Act, and (ii) whether a public authority, which … Continue reading ZH and CN, Regina (on The Applications of) v London Boroughs of Newham and Lewisham: SC 12 Nov 2014

VB and Others v Westminster Magistrates: SC 5 Nov 2014

Extraditions to follow normal open justice rules Application was made by Rwanda for the extradition of four individuals to face crimes said to have been committed during their civil war. Witnesses were prepared to give evidence but only in private and not being seen by the representatives of Rwanda. Held: The magistrate hearing such proceedings … Continue reading VB and Others v Westminster Magistrates: SC 5 Nov 2014

Sims v Dacorum Borough Council: SC 12 Nov 2014

Surrender at Common Law Survives Human Rights Law The tenants held a secure weekly tenancy of the respondent under a joint tenancy. After a relationship breakdown, Mrs Sims had given notice to quit. Mr Sims, left in possession now argued that the common law rules should not be allowed to deprive him of his home, … Continue reading Sims v Dacorum Borough Council: SC 12 Nov 2014

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

Moseley, Regina (on The Application of) v London Borough of Haringey: SC 29 Oct 2014

Consultation requirements The claimant challenged a decision of the respondent reducing the benefits under the Council Tax Reduction Scheme reducing Council Tax for those in need, saying that the Council’s consultation had been inadequate. Held: The consultation was procedurally unfair because the consultation documentation gave a misleading impression in failing to mention other ways of … Continue reading Moseley, Regina (on The Application of) v London Borough of Haringey: SC 29 Oct 2014

Shergill and Others v Khaira and Others: SC 11 Jun 2014

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

Coventry and Others v Lawrence and Another: SC 26 Feb 2014

C operated a motor racing circuit as tenant. The neighbour L objected that the noise emitted by the operations were a nuisance. C replied that the fact of his having planning consent meant that it was not a nuisance. Held: The neighbour’s appeal succeeded. C, but not the freeholder were liable in nuisance. In the … Continue reading Coventry and Others v Lawrence and Another: SC 26 Feb 2014

E, Regina (On the Application of) v Governing Body of JFS and Another: SC 14 Oct 2009

The claimant had successfully challenged the policy of the school as racially discriminatory. He now sought an ancillary order that the respondents should not be allowed to request their costs from the defendant’s appeal whatever the outcome, the Legal Services Commission having withdrawn legal aid. It was argued that the protection sought would remove from … Continue reading E, Regina (On the Application of) v Governing Body of JFS and Another: SC 14 Oct 2009

Sharland v Sharland: SC 14 Oct 2015

The Court considered the impact of fraud upon a financial settlement agreed between divorcing parties where that agreement is later embodied in a court order? Does ‘fraud unravel all’, as is normally the case when agreements are embodied in court orders, or is there some special magic about orders made in matrimonial proceedings, which means … Continue reading Sharland v Sharland: SC 14 Oct 2015

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

Eastenders Cash and Carry Plc and Others, Regina (on The Application of) v Revenue and Customs: SC 11 Jun 2014

Alcoholic drinks had been seized by the respondents pending further enquiries with a view to a possible forfeiture, then held and returned but only under court order. The company had complained that the detention of the goods was unlawful. The Revenue appealed against an order upholding that complaint. Held: The appeal succeeded. Section 139 allowed … Continue reading Eastenders Cash and Carry Plc and Others, Regina (on The Application of) v Revenue and Customs: SC 11 Jun 2014

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

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

Alpine Bulk Transport Co Inc v Saudi Eagle Shipping Co Inc The “Saudi Eagle”: CA 1986

The defendants, believing that they had no assets, deliberately allowed an interlocutory judgment for damages to be assessed to be entered against them by default, and only after damages had been assessed and final judgment entered, realising that they had given security, applied initially to the judge and then on appeal to the Court of … Continue reading Alpine Bulk Transport Co Inc v Saudi Eagle Shipping Co Inc The “Saudi Eagle”: CA 1986

Alpine Bulk Transport Co Inc v Saudi Eagle Shipping Co Inc The Saudi Eagle”: CA 1986″

References: [1986] 2 Lloyd’s Rep 221 Coram: Sir Roger Ormrod Ratio: The defendants, believing that they had no assets, deliberately allowed an interlocutory judgment for damages to be assessed to be entered against them by default, and only after damages had been assessed and final judgment entered, realising that they had given security, applied initially … Continue reading Alpine Bulk Transport Co Inc v Saudi Eagle Shipping Co Inc The Saudi Eagle”: CA 1986″

Point Solutions Ltd v Focus Business Solutions Ltd and Another: ChD 16 Dec 2005

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

Manchester Airport Plc v Dutton and others: CA 23 Feb 1999

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

Michalak v General Medical Council and Others: SC 1 Nov 2017

Dr M had successfully challenged her dismissal and recovered damages for unfair dismissal and race discrimination. In the interim, Her employer HA had reported the dismissal to the respondent who continued their proceedings despite the decision in her favour. The GMC now said that the availability of judicial review excluded her right to commence proceedings … Continue reading Michalak v General Medical Council and Others: SC 1 Nov 2017

Stanford International Bank Ltd, Re: CA 25 Feb 2010

Hughes LJ said: ‘it is essential that the duty of candour laid upon any applicant for an order without notice is fully understood and complied with. It is not limited to a duty not to misrepresent. It consists in a duty to consider what any other interested party would, if present, wish to advance by … Continue reading Stanford International Bank Ltd, Re: CA 25 Feb 2010

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

Revenue and Customs v Pendragon Plc and Others: SC 10 Jun 2015

This appeal is about an elaborate scheme designed and marketed by KPMG relating to demonstrator cars used by retail distributors for test drives and other internal purposes. In the ordinary course, a car distributor will buy new cars for use as demonstrators, paying VAT on the full amount of the sale price. This will in … Continue reading Revenue and Customs v Pendragon Plc and Others: SC 10 Jun 2015

Scotch Whisky Association and Others v The Lord Advocate and Another: SC 15 Nov 2017

The Association challenged the imposition of minimum pricing systems for alcohol, saying that it was in breach of European law. After a reference to the ECJ, the Court now considered its legality. Held: The Association’s appeal failed. Minimum pricing was a proportionate way of achieving a legitimate aim. From the outset, concern about the health … Continue reading Scotch Whisky Association and Others v The Lord Advocate and Another: SC 15 Nov 2017

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

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

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

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

Maguire, Re Application for Judicial Review (Northern Ireland): SC 21 Mar 2018

The appellant faced a criminal trial. He was granted legal aid for two counsel. He asked for two particular junior counsel, but the certificate required him to instruct leading counsel and a junior. He objected that this deprived him of the right to his chosen counsel. Held: The appeal failed. The purpose of a defendant’s … Continue reading Maguire, Re Application for Judicial Review (Northern Ireland): SC 21 Mar 2018

Shevill, Ixora Trading Inc., Chequepoint SARL and Chequepoint International Ltd v Presse Alliance SA: ECJ 7 Mar 1995

On a proper construction of the expression ‘place where the harmful event occurred’ in Article 5(3) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters as amended by the Convention of 9 October 1978 on the accession of the Kingdom of Denmark, Ireland and the … Continue reading Shevill, Ixora Trading Inc., Chequepoint SARL and Chequepoint International Ltd v Presse Alliance SA: ECJ 7 Mar 1995

Regina (on the application of C) v Secretary of State for Justice: SC 27 Jan 2016

The applicant was a convicted murderer who had been held in a high security mental hospital. His application for unescorted leave had been refused, and he wished to challenge the decisions. Anonymity in the subsequent proceedings had been refused to him, but retained pending the appeal. Held: His appeal was allowed: ‘an anonymity order is … Continue reading Regina (on the application of C) v Secretary of State for Justice: SC 27 Jan 2016

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

Berrisford v Mexfield Housing Co-Operative Ltd: SC 9 Nov 2011

The tenant appealed against an order granting possession. The tenancy, being held of a mutual housing co-operative did not have security but was in a form restricting the landlord’s right to recover possession, and the tenant resisted saying that it was worded to create a lease for life (applying the LRB case). Held: The tenant’s … Continue reading Berrisford v Mexfield Housing Co-Operative Ltd: SC 9 Nov 2011

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

P v Commissioner of Police of The Metropolis: SC 25 Oct 2017

This appeal concerns the directly effective right of police officers under EU law to have the principle of equal treatment applied to them. The question raised is whether the enforcement of that right by means of proceedings in the Employment Tribunal is barred by the principle of judicial immunity, where the allegedly discriminatory conduct is … Continue reading P v Commissioner of Police of The Metropolis: SC 25 Oct 2017

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

Reyes v Al-Malki and Another: SC 18 Oct 2017

The claimant alleged that she had been discrimated against in her work for the appellant, a member of the diplomatic staff at the Saudi Embassy in London. She now appealed against a decision that the respondent had diplomatic immunity. Held: The appeal was allowed: ‘the question whether the exception in article 31(1)(c) would have applied … Continue reading Reyes v Al-Malki and Another: SC 18 Oct 2017

Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: SC 20 Apr 2016

The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until 2 January 2013. The regulations were designed to give effect to the Citizens Directive … Continue reading Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: SC 20 Apr 2016

Goldtrail Travel Ltd v Onur Air Tasimacilik As: SC 2 Aug 2017

At first instance the appellant had dishonestly assisted another party to defraud the respondent, and ordered payment of substantial damages. The defendant, non-resident, sought to appeal, and the respondent asked the court to order payment into court of the amount of the award, saying that the appellant did not otherwise have the assets within the … Continue reading Goldtrail Travel Ltd v Onur Air Tasimacilik As: SC 2 Aug 2017

London Borough of Hounslow v Powell, Leeds City Council v Hall etc: SC 23 Feb 2011

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

BPP Holdings Ltd and Others v Revenue and Customs: SC 26 Jul 2017

The Revenue had challenged a decision by the FTTTx to bar it from defending an appeal as to VAT liability. It had failed first to meet procedural time limits and on the issue of an unless order had failed to comply. The Revenue challenged the ability of the FTTTx to debar it from defending. Held: … Continue reading BPP Holdings Ltd and Others v Revenue and Customs: SC 26 Jul 2017

Thevarajah v Riordan and Others: SC 16 Dec 2015

The defendants had failed to comply with an ‘unless’ order requiring disclosure, and had been first debarred from defending the cases as to liability. They applied to a second judge who granted relief from sanctions after new solicitors had complied with the order. The claimant challenged the right of the second judge to grant such … Continue reading Thevarajah v Riordan and Others: SC 16 Dec 2015

Deg-Deutsche Investitions – Undentwicklungs Gesellschaft Gmbh v Thomas Koshy: ChD 13 Dec 2004

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

Gard Marine and Energy Ltd and Another v China National Chartering Company Ltd and Another: SC 10 May 2017

The dispute followed the grounding of a tanker the Ocean Victory. The ship was working outside of a safe port requirement in the charterparty agreement. The contract required the purchase of insurance against maritime war and protection and indemnity risks. The grounding occurred during a combination of severe weather events. Each of the two elements … Continue reading Gard Marine and Energy Ltd and Another v China National Chartering Company Ltd and Another: SC 10 May 2017

Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016

The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious relationship with an English woman since 2005. However the Home Secretary … Continue reading Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016

UBS Ag and Another v Revenue and Customs: SC 9 Mar 2016

UBS AG devised an employee bonus scheme to take advantage of the provisions of Chapter 2 of the 2003 Act, with the sole purpose other than tax avoidance, and such consequential advantages as would flow from tax avoidance. Several pre-ordained steps were taken according to a detailed timetable. Once the structure of the scheme had … Continue reading UBS Ag and Another v Revenue and Customs: SC 9 Mar 2016

Lister and Others v Hesley Hall Ltd: HL 3 May 2001

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

Szepietowski v The National Crime Agency: SC 23 Oct 2013

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

In re Nortel Companies and Others: SC 24 Jul 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

Manchester City Council v Pinnock: SC 9 Feb 2011

The council tenant had wished to appeal following a possession order made after her tenancy had been demoted. The court handed down a supplemental judgment to give effect to its earlier decision. The Court had been asked ‘whether article 8 of the . . Convention . . requires a court, which is being asked to … Continue reading Manchester City Council v Pinnock: SC 9 Feb 2011

A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Osborn v The Parole Board: SC 9 Oct 2013

Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on licence but then recalled to custody. The other appeals (Booth and Reilly) were indeterminate sentence prisoners … Continue reading Osborn v The Parole Board: SC 9 Oct 2013

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

Lachaux v Independent Print Ltd and Another: SC 12 Jun 2019

Need to Show Damage Increased by 2013 Act The claimant alleged defamation by three publishers. The articles were held to have defamatory meaning, but the papers argued that the defamations did not reach the threshold of seriousness in section 1(1) of the 2013 Act. Held: The appeal succeeded. Section 1 of the 2013 Act not … Continue reading Lachaux v Independent Print Ltd and Another: SC 12 Jun 2019

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

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

Barton v Wright Hassall Llp: SC 21 Feb 2018

The claimant, a litigant in person, purported to serve his statement of claim by email, but had not first sought the defendant’s agreement as required. The solicitors allowed the limitation period to expire without acknowledging service. The claimant now appealed against his claim being struck out for limitation. Held: The appeal failed. The decision was … Continue reading Barton v Wright Hassall Llp: SC 21 Feb 2018