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
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
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
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
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
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
The claimant company had failed in its action. The court was asked to make a costs order personally against the principal director of the claimant who had controlled the litigation and funded it. He responded that no impropriety had been shown on his part to allow such an order. Held: ‘It is not a requirement … Continue reading BE Studios Ltd v Smith and Williamson Ltd: ChD 2 Dec 2005
An indictment had not been signed despite a clear statutory provision that it should be. The defects were claimed to have been cured by amendment before sentence. Held: The convictions failed. Sections 1(1) and 2(1) of the 1933 Act which provided for a bill of indictment (which had of itself no legal standing save as … Continue reading Clarke, Regina v; Regina v McDaid: HL 6 Feb 2008
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
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
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
The appellant challenged a decision that he did not qualify for asylum or humanitarian protection and that his further representations were not a fresh human rights claim under paragraph 353 of the Immigration Rules. He argued that the return to the UK of his wife and daughter changed the circumstances requiring a fresh application. Held: … Continue reading Zoumbas v Secretary of State for The Home Department: SC 27 Nov 2013
Balancing Rights of Prisoner and Society The appellant had been convicted of the murder of three police officers in 1966. His tariff of thirty years had now long expired. He complained that material put before the Parole Board reviewing has case had not been disclosed to him. Held: The appeal failed (by a majority). The … Continue reading Roberts v Parole Board: HL 7 Jul 2005
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
The defendants said that the stop and search powers granted under the 2000 Act were too wide, and infringed their human rights. Each had been stopped when innocently attending demonstrations in London, and had been effectively detained for about twenty minutes or more before being allowed to continue. An authorisation had been granted by an … Continue reading Gillan, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: HL 8 Mar 2006
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
The appellant complained that the respondent had imported into the European Economic Area disk drives bearing its trade marks in breach of the appellant’s rights. The respondent had argued that the appellant had abused its position by withholding information which would allow it to trade lawfully. The Court was now asked: ‘whether a person who … Continue reading Oracle America Inc v M-Tech Data Ltd: SC 27 Jun 2012
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
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
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
Guidance for Wasted Costs Orders Guidance was given on the circumstances required for the making of wasted costs orders against legal advisers. A judge invited to make an order arising out of an advocate’s conduct of court proceedings must make full allowance for the fact that an advocate has to make decisions quickly and under … Continue reading Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd: CA 26 Jan 1994
Lack of Capacity – Effect on Proceedings The Court was asked ‘First, what is the test for deciding whether a person lacks the mental capacity to conduct legal proceedings on her own behalf (in which case the Civil Procedure Rules require that she has a litigation friend to conduct the proceedings for her)? Second, what … Continue reading Dunhill v Burgin: SC 12 Mar 2014
Adverse Comments by Judge Need not be Show of Bias In five cases, leave to appeal was sought on the basis that a party had been refused disqualification of judges on grounds of bias. The court considered the circumstances under which a fear of bias in a court may prove to be well founded: ‘The … Continue reading Locabail (UK) Ltd, Regina v Bayfield Properties Ltd: CA 17 Nov 1999
The court was asked to make an order against persons unknown in order to recover land. Although an owner of land which was being occupied by squatters was entitled to take the remedy into his own hand, he was encouraged to go to a common law court . .
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided with evidence unseen . .
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
References: [1986] 2 Lloyds 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″
A trustee has a duty to exploit any available opportunity for the trust. ‘Rules of equity have to be applied to such a great diversity of circumstances that they can be stated only in the most general terms and applied with particular attention to . .
References: [1976] 1 WLR 989, [1976] 2 Lloyd’s Rep 621, [1976] 3 All ER 570 Coram: Lord Wilberforce Ratio:In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility … Continue reading Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The ‘Diana Prosperity’): HL 1976
References: [1986] AC 965, [1986] 2 WLR 1051, [1986] 2 All ER 409 Coram: Lord Goff of Chieveley A claim had been made against charterers by the ship owners, and in turn by the charterers against their sub-charterers. Notice of motion were issued after arbitration awards were not accepted. When heard, costs awards were made, … Continue reading Aiden Shipping Co Ltd v Interbulk Ltd (The ‘Vimeira’): HL 1986
References: [2004] UKHL 27, [2004] 3 WLR 58, Times 21-Jun-04, [2004] 2 AC 369, [2004] 3 All ER 821, [2004] INLR 349 Links: House of Lords, Bailii Coram: Lord Bingham of Cornhill, Lord Steyn, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Carswell The claimant resisted removal after failure of his claim for asylum, … Continue reading Regina v Secretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004
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