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Search Results for: Senior Courts Act 1981 49
Mittal v Mittal: CA 18 Oct 2013
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
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
Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
Cartier International Ag and Others v British Sky Broadcasting Ltd and Others: ChD 17 Oct 2014
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
Loughlin, Re Application for Judicial Review: SC 18 Oct 2017
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
Wylde and Others v Waverley Borough Council: Admn 9 Mar 2017
The claimants challenged the procurement methods of the respondent in acquiring land to support a development. The Court considered their standing to bring such proceedings. Held: Arden LJ’s observations in Chandler (and Richards J’s in Kathro) had not been intended to suggest that anyone who did not have an ‘ulterior’ or ‘improper’ motive would have … Continue reading Wylde and Others v Waverley Borough Council: Admn 9 Mar 2017
RFC 2012 Plc (Formerly The Rangers Football Club Plc) v Advocate General for Scotland: SC 5 Jul 2017
The Court was asked whether an employee’s remuneration is taxable as his or her emoluments or earnings when it is paid to a third party in circumstances in which the employee had no prior entitlement to receive it himself or herself. Held: The company’s appeal failed. The purposive approach to the interpretation of the general … Continue reading RFC 2012 Plc (Formerly The Rangers Football Club Plc) v Advocate General for Scotland: SC 5 Jul 2017
Cant v Seton: CA 29 Jul 2020
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
Bahbahani, Regina v: CACD 5 Feb 2018
Appeal from conviction – he had been impersonated by another at his trial. He lived abroad, and his property managed by his attorney and agent. The conviction related to a planning enforcement notice. The court now considered its jurisdiction to attack a summary trial in the Magistrates Court rather than a Crown Court. Held: Judges: … Continue reading Bahbahani, Regina v: CACD 5 Feb 2018
Sangar and Others v Gardiner And Others: 22 Jun 1838
How payment of costs enforced by and against persons not parties to the suit. Citations: [1838] EngR 774, (1838) CP Coop 262, (1838) 47 ER 497 (B) Links: Commonlii Jurisdiction: England and Wales Cited by: Cited – Travelers Insurance Company Ltd v XYZ SC 30-Oct-2019 Challenge to the making of a non-party costs order under … Continue reading Sangar and Others v Gardiner And Others: 22 Jun 1838
A and S (Children) v Lancashire County Council: FD 17 Apr 2013
The children applied for their costs. They had been made subject of freeing orders on the application of the respondent, but had then successfully appealed against the orders, saying that their human rights had been infringed. Judges: Peter Jackson J Citations: [2013] EWHC 851 (Fam) Links: Bailii Statutes: Senior Courts Act 1981 51(1) Jurisdiction: England … Continue reading A and S (Children) v Lancashire County Council: FD 17 Apr 2013
New Zealand Forest Products Limited v the New Zealand Insurance Company Limited: PC 21 Jul 1997
(New Zealand) Proceedings had been instituted in five causes of action against a company and its director, whose costs were both covered by an insurance policy, and in the case of one of the causes of action against a third person not so covered. All the defendants were represented by the same lawyers. It was … Continue reading New Zealand Forest Products Limited v the New Zealand Insurance Company Limited: PC 21 Jul 1997
TGA Chapman Limited; Benson Turner Limited v Christopher and Sun Alliance and London Insurance Plc: CA 8 Jul 1997
A section 51 application was made because the cover was limited under the defendant’s liability policy and insufficient to pay all the damages, let alone any part of the costs, and the defendant was not worth powder and shot. Nonetheless the claim fell squarely within the cover provided by the policy. It was an insured … Continue reading TGA Chapman Limited; Benson Turner Limited v Christopher and Sun Alliance and London Insurance Plc: CA 8 Jul 1997
In re Jones: ChD 1870
The solicitor had engaged to indemnify the plaintiff against the costs of a ‘doubtful suit’ which failed. Lord Hatherley LC said that he thought it the duty of the Court to be anxious to see that solicitors not only performed their duty towards their own clients but also towards all those against whom they were … Continue reading In re Jones: ChD 1870
Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
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
Dobson and Others v Thames Water Utilities Ltd (No 3): TCC 17 Apr 2012
Application for interest on damages award. Judges: Ramsey J Citations: [2012] EWHC 986 (TCC) Links: Bailii Statutes: Senior Courts Act 1981 35A Jurisdiction: England and Wales Damages Updated: 28 January 2022; Ref: scu.465449
Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999
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
Iaciofano v Director of Public Prosecutions: Admn 15 Jul 2010
The defendant appealed against his conviction for speeding, saying that the device used to measure his speed was not approved. The only evidence relied on was that the officer said it had been installed in many police vehicles. Held: The magistrates had not been entitled to take judicial notice of such an opinion. Though a … Continue reading Iaciofano v Director of Public Prosecutions: Admn 15 Jul 2010
Gray v News Group Newspapers Ltd and Another; Coogan v Same: ChD 25 Feb 2011
The claimants said that agents of the defendant had unlawfully accessed their mobile phone systems. The court was now asked whether the agent (M) could rely on the privilege against self incrimination, and otherwise as to the progress of the case. The claimant asserted that their claim was an intellectual property claim, allowing section 72 … Continue reading Gray v News Group Newspapers Ltd and Another; Coogan v Same: ChD 25 Feb 2011
Bayer v Winter: CA 1986
Fox LJ said: ‘Bearing in mind we are exercising a jurisdiction which is statutory, and which is expressed in terms of considerable width, it seems to me that the court should not shrink if it is of the opinion that an injunction is necessary for the . .
London Partners Capital Management Llp v Utkan and Others: ComC 23 Feb 2021
Application by the claimant for an order that the court makes a search, electronic imaging and provision of information order against the defendants, pursuant to section 7 of the Civil Procedure Act 1997, CPR 25.1 (1)(h) and/or section 37 of the . .
Brake and Others v Lowes and Others: CA 13 Nov 2020
Application for order for costs against a funding third party. . .
Morris-Garner and Another v One Step (Support) Ltd: SC 18 Apr 2018
The Court was asked in what circumstances can damages for breach of contract be assessed by reference to the sum that the claimant could hypothetically have received in return for releasing the defendant from the obligation which he failed to . .
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 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
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″