The taxpayers used schemes to create allowable losses, and now appealed assessment to tax. The schemes involved a series of transactions none of which were a sham, but which had the effect of cancelling each other out. Held: If the true nature of the transactions could be seen by looking at them all together, then … Continue reading W T Ramsay Ltd v Inland Revenue Commissioners: HL 12 Mar 1981
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The bank appealed against an order for pre-action dicslosure and payment of the costs to date of its customers request for copies of the agreement under which it sought payment, and otherwise. Held: After Carey it was not to be argued that the bank was under a duty to provide the original signed agreement or … Continue reading Kneale v Barclays Bank Plc (T/A Barclaycard): ComC 23 Jul 2010
The claimants sought a wasted costs order against solicitors acting for one defendant. Judges: Turner J Citations: [2015] EWHC 1337 (QB), [2015] 3 Costs LR 531, [2015] PNLR 26 Links: Bailii Statutes: Senior Courts Act 1981 51 Jurisdiction: England and Wales Costs, Legal Professions Updated: 07 December 2022; Ref: scu.546562
The claimant, owners of several valuable trade marks sought orders requiring the several defendant broadband service supplies to block access to websites which infringed their trade marks. Judges: Arnold J Citations: [2014] EWHC 3354 (Ch), [2014] WLR(D) 464, [2015] 1 All ER 949, [2015] ETMR 1, [2015] EMLR 10, [2015] BUS LR 298, [2015] RPC … Continue reading Cartier International Ag and Others v British Sky Broadcasting Ltd and Others: ChD 17 Oct 2014
The claimant company sought to restrain its former employee from anticipated misuse of its confidential information. Held: Stanley Burnton LJ, in a paragraph with which the other members of the court agreed, said: ‘[counsel for the claimant] told the judge that it was normal practice in claims for confidentiality injunctions for the service of particulars … Continue reading Caterpillar Logistics Services (UK) Ltd v De Crean: CA 21 Feb 2012
The Court considered the interpretation of the sections which applied corporation tax to post-cessation receipts. Companies had received from the Inland Revenue substantial repayments of VAT together with interest. There had been reorganisations of the group, the company which had made the overpayment did not exist, and the payee of the repayment had only later … Continue reading Shop Direct Group v Revenue and Customs: SC 17 Feb 2016
The court was asked as to the circumstances in which sentences passed on offenders who have given assistance to prosecuting authorities should be referred back to the sentencing court under section 74 of the Serious Organised Crime and Police Act 2005. Held: ‘The Divisional Court’s view that the predominant factor in deciding where the interests … Continue reading Loughlin, Re Application for Judicial Review: SC 18 Oct 2017
The parties were born and lived in India and were Hindu. They came to the UK but after separation, returned to India, leaving no assets here. H began divorce proceedings in India, but W then issued a petition here. She now appealed against on order staying her petition, saying that the Court had no jurisdiction … Continue reading Mittal v Mittal: CA 18 Oct 2013
The mother of a murder victim sought to challenge the release of her murderer on parole. The court considered her standing to seek review, saying: ‘In defining the standing requirement, Parliament chose a deliberately open-textured phrase: an applicant must demonstrate a ‘sufficient interest in the matter to which the application relates’.’ Judges: Lady Justice Macur … Continue reading McCourt, Regina (on The Application of) v The Parole Board for England and Wales and Others: Admn 1 Sep 2020
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political persecution. The defendants now appealed from rejection of the defendants’ claim to state immunity and … Continue reading Belhaj and Another v Straw and Others: SC 17 Jan 2017
Appeal against an order dismissing his without notice application for an anti-harassment injunction against the Respondent. The Judge dismissed the Application on the single ground that she did not have jurisdiction to make the order sought. The Judge appeared to have failed to consider whether she had jurisdiction by reference to section 37(1) of the … Continue reading Cant v Seton: CA 29 Jul 2020
Challenge to decision not to prosecute senior Intelligence Service officials for alleged offences in connection with his unlawful rendition and mistreatment in Libya. The issue here was whether on the hearing of the application for judicial review, it would be open to the Court to receive closed material disclosed only to the court and a … Continue reading Belhaj and Another v Director of Public Prosecutions and Another: SC 4 Jul 2018
A claim had been made for mesothelioma following exposure to asbestos, but the claim arose in Guernsey. Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. had introduced the Special Rule at common law as to such evidence. In the UK, the 2006 Act had amended the … Continue reading Zurich Insurance Plc UK Branch v International Energy Group Ltd: SC 20 May 2015
The issue raised on this appeal is the liability for costs arising out of litigation concerning the supply of defective implants for use in breast surgery, which had been manufactured by PIP. The claims were made in group litigation under a Group Litigation Order. Held: The judge went too far in her conclusion that the … Continue reading Travelers Insurance Company Ltd v XYZ: CA 17 May 2018
Challenge to the making of a non-party costs order under section 51 of the Senior Courts Act 1981 against the product liability insurer of one of the defendants in litigation being managed under a Group Litigation Order (‘GLO’). Many of the claimants in the successful action were not insured, and Travelers, the defendant’s insurers resisted … Continue reading Travelers Insurance Company Ltd v XYZ: SC 30 Oct 2019
The parish vicar and his churchwardens brought an action to recover a small sum paid to the members of a local committee for charitable purposes, saying the gift had been made subject to a condition which it proved impossible to fulfil. Held: The plaintiffs failed. The action was unjustified because of the need not to … Continue reading Andrews v Barnes: CA 12 Jun 1888
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
Claimants application pursuant to s.37 of the Senior Courts Act 1981 for an order that the Defendant be subject to a final injunction (a) restraining it from pursuing the claims it has made against SVS in proceedings before the Federal High Court of Rivers State, Nigeria and (b) requiring MOP to take immediate steps to … Continue reading Specialised Vessel Services Ltd v Mop Marine Nigeria Ltd: ComC 18 Feb 2021
The parties contested ancillary relief where there had been only a short marriage, but where here were considerable family assets available for division. The wife sought to rely upn the husband’s behaviour to counter any argument as to the shortness of the marriage. The husband answered to say that she had declared that she would … Continue reading Miller v Miller; M v M (Short Marriage: Clean Break): CA 29 Jul 2005
Application for pre-action disclosure made pursuant to section 33(2) of the Senior Courts Act 1981 and part 31.16 of the Civil Procedure Rules. Richard Spearman QC HHJ [2016] EWHC 376 (Ch) Bailii England and Wales Litigation Practice Updated: 10 January 2022; Ref: scu.560320
The court had made an order removing one executor, though with no criticism. It now considered its order for costs, all parties seeking costs in their favour. Held: The two personal representatives could not be expected to continue to work together, and at least one must go. Master Matthews said: ‘there are not two sets … Continue reading Jones v Longley and Others: ChD 20 Nov 2015
Ban on Prisoners talking to Journalists unlawful 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 undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999
Application by The Big Bus Company Ltd (‘Big Bus’) for pre-action disclosure against Ticketogo Ltd (‘Ticketogo’) pursuant to section 33(2) of the Senior Courts Act 1981 and CPR rule 31.16. In a nutshell, Big Bus seeks disclosure of patent licences previously granted by Ticketogo in order to enable Big Bus to quantify the value of … Continue reading The Big Bus Company Ltd v Ticketogo Ltd: PatC 28 Apr 2015
The claimants in a defamation case made an interlocutory appeal against an order for trial by judge alone. The parties had agreed for trial by jury, but the defendants made a late application for trial by judge alone. Held: The claimant’s appeal failed. The right to a trial by jury is a constitutional right subject … Continue reading Fiddes v Channel Four Television Corporation and Others: CA 29 Jun 2010
The first defendant applies for an order that the claimants are not entitled to pursue legal action against his lawyers in respect of funds over which the claimants claim a proprietary interest and paid to the first defendant’s lawyers as legal fees . .
Parties had been involved in an action for wrongful trading. This was not persisted with but the claimant sought damages saying that the action was only part of a campaign to do him harm. This appeal raised the question whether the tort of malicious . .
References: [1993] 2 Lloyd’s Rep 68 Coram: Cresswell J Ratio:Cresswell J spoke of the nature of the duty owed by expert witnesses: ‘The duties and responsibilities of expert witnesses in civil cases include the following: 1. Expert evidence presented to the Court should be, and should be seen to be, the independent product of the … Continue reading National Justice Compania Naviera S A v Prudential Assurance Company Ltd (‘The Ikarian Reefer’): 1993
References: [1993] 2 Lloyd’s Rep 68 Coram: Cresswell J Cresswell J spoke of the nature of the duty owed by expert witnesses: ‘The duties and responsibilities of expert witnesses in civil cases include the following: 1. Expert evidence presented to the Court should be, and should be seen to be, the independent product of the … Continue reading National Justice Compania Naviera S A v Prudential Assurance Company Ltd (The Ikarian Reefer”): 1993″
