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
Service by post at the last known address of a defendant is not deemed effective if the defendant can show that he did not actually receive it. Citations: Ind Summary 31-Jul-1995, Times 06-Jul-1995 Statutes: Rules of the Supreme Court Order 10 r1 Jurisdiction: England and Wales Litigation Practice Updated: 21 January 2023; Ref: scu.80644
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 substitution of a successor party to a claim does not constitute a new claim for limitation purposes. Millett LJ considered the objects of the 1980 Act: ‘The 1980 Act was enacted in order to implement the recommendations of the Twenty-First Report of the Law Reform Committee (Final Report on Limitation of Actions) (Cmnd 6923) … Continue reading Yorkshire Regional Health Authority v Fairclough Building Ltd and Another: CA 16 Nov 1995
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
(High Court of Australia) The Supreme Court of Queensland had held that the house remained a chattel. ‘The short point raised in this case is whether an ordinary dwelling-house, erected upon an ordinary town allotment in a large town, but not fastened to the soil, remains a chattel or becomes part of the freehold.’ Held: … Continue reading Reid v Smith: 8 Dec 1905
The claimant sued for breach of trust. The action was re-instated after being struck out for want of prosecution, but in the meantime the defendant had been made bankrupt and then discharged from bankruptcy. An order for costs was then made which the claimant now sought to enforce. Held: The possibility of a future costs … Continue reading Glenister v Rowe: CA 21 Apr 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
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
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
The court has power in costs proceedings to order the receiving party to disclose such documents, orginally to the court, as are necessary to make its decision. Held: It would be rare to exercise this discretion. Citations: [1988] 1 WLR 1238 Statutes: Rules of the Supreme Court Order 62, rule 29 Jurisdiction: England and Wales … Continue reading Goldman v Hesper: 1988
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
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
Absurdity did not defeat a clear clause A standard lease of plots on a caravan park, contained a provision which appeared to increase the rent by 10% in each year. The tenants argued that such a substantial increase could not have been intended. Held: The tenants’ appeal failed (Lord Carnwath dissenting). The words were clear, … Continue reading Arnold v Britton and Others: SC 10 Jun 2015
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
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
A party seeking not to obtain an up to date medical report when serving proceedings must obtain the consent of other side or of the court first. The Court asking itself as to costs, where far less is recovered, either generally or under a particular issue, than had been sought by a party, as to … Continue reading Oksuzoglu v Kay and Another: CA 26 Feb 1998
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
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
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
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
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 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
A court can correct an imperfect director disqualification order under the slip rule. Citations: Times 20-Mar-1997, [1997] EWCA Civ 1254 Statutes: Rules of the Supreme Court Order 20 R 11 Jurisdiction: England and Wales Company Updated: 06 November 2022; Ref: scu.84429
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
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
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
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
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
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
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
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
Pleadings were restored where the cause of action disclosed in prolix pleadings. Citations: Times 15-Feb-1994 Statutes: Rules of the Supreme Court Order 18 Rule 19-1 Jurisdiction: England and Wales Litigation Practice Updated: 26 October 2022; Ref: scu.83859
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
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
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
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
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums advanced, saying he need not return it because the contract was for an … Continue reading Patel v Mirza: SC 20 Jul 2016
The first applicant had been chairman of a jury and had expressed his concerns about their behaviour to the second applicant who published them. They were prosecuted under the 1981 Act. They had said that no details of the deliberations had been revealed and that the articles had been general in nature. The main concern … Continue reading Seckerson and Times Newspapers Ltd v The United Kingdom: ECHR 24 Jan 2012
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
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
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
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
This appeal raises the issue whether the daily vessel-operating expenses of shipowners incurred while they were negotiating to reduce the ransom demands of pirates should be allowed in general average – ie whether those expenses should be shared proportionately between all those whose property and entitlements were imperilled as a result of that seizure – … Continue reading Mitsui and Co Ltd and Others v Beteiligungsgesellschaft Lpg Tankerflotte Mbh and Co Kg and Another: SC 25 Oct 2017
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
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
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
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
The Court considered whether the principle of universality in insolvency proceedings enabled the court to enforce a judgment in personam which had been given in New York against the defendants in and for the purposes of bankruptcy proceedings in New York, notwithstanding that the defendants had not submitted to the jurisdiction of the New York … Continue reading Rubin and Another v Eurofinance Sa and Others: CA 20 Jul 2010
The plaintiff sought orders to assist it in tracing the product of a cargo of oil, delivery of which was alleged to have been obtained from the plaintiff without the production of bills of lading, Mr. Justice Mocatta had made a sweeping order requiring directors and an employee of the defendant company to make full … Continue reading Mediterranea Reffineria Siciliana Petroli SpA v Mabanaft GmbH: CA 2 Jan 1978
Member states may be liable to individuals for their failure to implement EU laws. The right of individuals to rely on directly applicable provisions of the EC Treaty before national courts is not sufficient in itself to ensure full and complete implementation of the Treaty. LMA Brasserie de Pecheur – Claim by a French brewery … Continue reading Brasserie du Pecheur v Bundesrepublik Deutschland; Regina v Secretary of State for Transport, ex parte Factortame and others (4): ECJ 5 Mar 1996
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
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 court considered the significance of CPR 52.13(2): ‘The restriction on second appeals is important because Parliament has made it clear that it wishes pretrial disputes in civil litigation to be dealt with, on the whole, at a level lower than this court. It may be that judges in the courts below may make orders … Continue reading Ahmed v Stanley A Coleman and Hill: CA 18 Jun 2002
UTIAC The Secretary of State accepts that, following the judgment of the Supreme Court in Mahad v. Entry Clearance Officer [2009] UKSC 16, applicants for entry clearance as working holiday makers under the now defunct paragraph 95 of the Immigration Rules, may rely upon third party support in order to show that they satisfy the … Continue reading KJ (Working Holiday Maker – Third Party Support) India: UTIAC 26 Jan 2011
UTIAC Requiring a political activist to live away from his home area in order to avoid persecution at the hands of his political opponents has never been considered a proper application of the internal relocation principle: see e.g. Nolan J in R v Immigration Appeal Tribunal, ex p.Jonah [1985] Imm AR 7. And (since October … Continue reading SA (Political Activist- Internal Location) Pakistan: UTIAC 26 Jan 2011
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
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
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 contracte for works relating to a power plant. The applicable law was Khazak, but the agreement provided that any dispute between the parties was to be settled by arbitration in London. The claimant now sought an anti-suit injunction to prevent the respondent, effectively the Khazak government from pursuing a dispute in the Khazak … Continue reading AES Ust-Kamenogorsk Hydropower Plant Llp v Ust-Kamenogorsk Hydropower Plant Jsc: ComC 16 Apr 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
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
The court considered whether a defendant should be allowed to pay his debts as they fell due despite an asset freezing order. Held: The Mareva jurisdiction should not ‘improve the position of claimants’. Rather, it should prevent the injustice of a defendant removing his assets from the jurisdiction which may have otherwise been available to … Continue reading Iraqi Ministry of Defence and Others v Arcepey Shipping Co SA, The Angel Bell: 1980
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 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
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
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
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
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
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
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
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
The plaintiff sought possession of two rooms in a house occupied by the defendants separately. The agreements stated that they were licences. The agreements excluded the occupiers between 10:30am and noon on each day. The occupiers claimed to be tenants with protection. Held: The tenants’ appeal against summary orders for posession were successful, and the … Continue reading Crancour Ltd v Da Silvaesa and Another: CA 26 Feb 1986
A Court had jurisdiction to order the consolidation of actions even before their respective writs had been served. It became a ‘pending’ action under the Order on issue of the originating process. Citations: Gazette 09-Sep-1992, [1992] 1 WLR 1176 Statutes: Rules of the Supreme Court Ord 4 r9(1) Jurisdiction: England and Wales Citing: Appeal from … Continue reading Arab Monetary Fund v Hashim and Others (No 4): CA 9 Sep 1992
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 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
Various defendants were served out of the jurisdiction but with the wrong copies of the writs, receiving a copy addressed to another defendant. One defendant received no writ at all, but only a form of acknowledgment of service. Held: The court unanimously accepted that O.2. r.1 was to be given wide effect. The majority held … Continue reading Golden Ocean Assurance Ltd v Martin (“The Goldean Mariner”): CA 1990
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
The plaintiffs said the first defendant had defrauded them of substantial sums, and implicated other defendants. They claimed against five defendants variously for conspiracy to defraud and deceit and for breach of warranty. They also sought to trace the sum of andpound;383,872 paid under a mistake of fact induced by fraud, into an account with … Continue reading A v C (Note): ChD 1980
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
The claimant police officer complained of an alleged defamation in an article published by the defendant. The defendant wished to obtain information from the IPCC to show that they were investigating the matter as a credible issue. The court considered applications relating to the disclosure of private materials given to the Independent Police Complaints Commission … Continue reading Flood v Times Newspapers Ltd and others: QBD 5 Mar 2009
The court laid down the procedure on a strike out application: ‘On an application to strike out a pleading under RSC Ord.18, r.19(1)(a) no evidence is admissible and since it is only the pleading itself which is being examined, the court is required to assume that each and every one of the facts pleaded (unless … Continue reading Morgan Crucible Company Plc v Hill Samuel and Co Ltd: ChD 24 Jul 1990
The claimant complained of an irregularly obtained judgment. The defendant had obtained an amendment to a writ of sequestration in the course of a bitterly fought dispute bewteen the defendant and the owner of the claimant. The judge had found the irregularity proved, but declined to set the order aside. The claimant now said that … Continue reading Tombstone Ltd v Raja and Another; Raja v Van Hoogstraten and others (No 9): CA 17 Dec 2008
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
Mr Comninos challenged the jurisdiction of the court to have made an order for costs made against him. Judges: Simon Brown LJ, Waller LJ, Tuckey LJ Citations: [1999] EWCA Civ 3019, [2000] 1 All ER 37, [1999] 2 All ER (Comm) 673, [2000] 1 Lloyd’s Rep 129, [2000] 1 WLR 603, [2000] Lloyd’s Rep IR … Continue reading Comninos v Prudential Assurance Company Ltd (The Ikarian Reefer no 2): CA 12 Oct 1999
The claimant government sought the return to it of historical artefacts in the possession of the defendants. The defendant said the claimant could not establish title and that if it could the title under which the claim was made was punitive and not to be applied by English law. Held: It is necessary for a … Continue reading Iran v The Barakat Galleries Ltd: QBD 29 Mar 2007
The claimant sought leave to appeal refusal of access to the will of Princess Margaret. He wished to prove that he was her illegitimate son. The will had been subject to an order providing that its contens were not to be published. Held: ‘Sections 124 and 125 of the 1981 Act deal with access to … Continue reading Brown v Executors of the Estate of HM Queen Elizabeth the Queen Mother and others: CA 8 Feb 2008
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 court considered an appeal under the Bermuda Form of international Liability Insurance which provided for arbitration in London subject to the internal laws of New York. The insurers threatened to challenge under US federal arbitration law in a federal court an award secured by the insured in a London arbitration, and the insured obtained … Continue reading C v D: CA 5 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 plaintiff sought the unsealing of the wills of the late Queen Mother and of the late Princess Margaret, claiming that these would assist him establishing that he was the illegitimate son of the latter. Held: The application was frivolous. None of the evidence presented remotely constituted evidence of what the claimant asserted. Though section … Continue reading Brown v HM Queen Elizabeth, the Queen Mother, the Executors of the Estate of and others: FD 5 Jul 2007
The Home Secretary appealed from a finding that illegally entered asylum seekers had been unlawfully detained pending removal. The five claimants had travelled through other EU member states before entering the UK. The court considered inter alia whether damages for false imprisonment were allowable under Factortame. Held: The appeals failed. Chapter 55 of the EIG … Continue reading Hemmati and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 27 Nov 2019
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
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
The defendant tenant appealed against judgment saying that the proceedings in the County Court had not been correctly served. Though the documents had been sent to his address under the lease, he had been out of the jurisdiction when the claim was sent. His appeal against judgment in default had been rejected as untimely. Held: … Continue reading Kamali v City and Country Properties Ltd: CA 24 Jul 2006
A ship had foundered, and the owners disputed their insurance claim. The policy provided for arbitration in London, and one party sought an order to prevent the other commencing proceedings in another EU state in breach of the arbitration agreement. Held: English authority and European thought differed, and the matter should be referred to the … Continue reading West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and others (The Front Comor): HL 21 Feb 2007
Children proceedings must not become overburdened by expert evidence which vastly increase expense. Closer case management was urged by courts as urged. Disclosure of background reports to a legal adviser under conditions of confidentiality was discussed. Citations: Gazette 20-May-1998 Statutes: Rules of the Supreme Court 1965 Order 40 Jurisdiction: England and Wales Citing: Approved – … Continue reading Re M (Disclosure): FD 20 May 1998
