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Search Results for: Senior Courts Act 1981 72
Coogan v News Group Newspapers Ltd etc: CA 1 Feb 2012
The claimants said that their voicemail accounts had been hacked by one defendant on behalf of the other. They sought discovery of records, and the defendants argued for the benefit of the privilege against self incrimination.Lord Neuberger MR discussed the use of the privilege against self incrimination (‘PSI’), saying: ‘I would take this opportunity to … Continue reading Coogan v News Group Newspapers Ltd etc: CA 1 Feb 2012
Phillips v Newsgroup Newspapers Ltd and Others: ChD 17 Nov 2010
The claimant had been assistant to a well known publicist. The defendant had settled an action brought by her principal for hacking his mobile telephone, in the course of which it appeared that the claimant’s phone had also been hacked. She now sought disclosure of documents from the defendants, including from the police investigation. Other … Continue reading Phillips v Newsgroup Newspapers Ltd and Others: ChD 17 Nov 2010
Phillips v Mulcaire: SC 24 May 2012
The claimant worked as personal assistant to a well known public relations company. She alleged that the defendant had intercepted telephone message given by and left for her. The court was asked first as to whether the information amounted to ‘technical or commercial information’ within the definition of ‘intellectual property’ in section 72(5) of the … Continue reading Phillips v Mulcaire: SC 24 May 2012
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
Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002
Partners Liable for Dishonest Act of Solicitor A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners. Held: The acts complained of were so close to the activities which a solicitor would normally undertake, that … Continue reading Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002
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
Flatman v Germany: CA 10 Apr 2013
The court considered applications for discovery of costs arrangements of claimants in personal injury cases who had lost their cases. The defendant’s insurers sought to establish that solicitors had arranged to pay disbursements for the claimants, and that this would make the solicitors potentially liable as third parties for the defendants’ legal costs. Judges: Mummery, … Continue reading Flatman v Germany: CA 10 Apr 2013
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
Ewing v London Borough of Camden: Admn 22 Apr 2013
Does a person against whom a vexatious litigant desires to bring proceedings have a right to make submissions to the court, whether orally or in writing, concerning whether such permission should be granted? Judges: Mr Justice Turner Citations: [2013] EWHC 961 (Admin) Links: Bailii Statutes: Senior Courts Act 1981 42 Jurisdiction: England and Wales Litigation … Continue reading Ewing v London Borough of Camden: Admn 22 Apr 2013
Shop Direct Group v Revenue and Customs: SC 17 Feb 2016
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
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
Belhaj and Another v Straw and Others: SC 17 Jan 2017
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
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
Mathieson v Thomson: SCS 1853
Lord Rutherford said: ‘There may be some difficulty in defining exactly what is a dominus litis; but I confess that I very much agree with what has been laid down by your Lordship [Lord President McNeill, later Lord Colonsay], and with the definition quoted from the civil law by Lord Ivory, that he is a … Continue reading Mathieson v Thomson: SCS 1853
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
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
Various Claimants v Giambrone and Law (A Firm) and Others: QBD 11 Jan 2019
Foskett J [2019] EWHC 34 (QB) Bailii Senior Courts Act 1981 51 England and Wales Costs Updated: 08 January 2022; Ref: scu.632727
M, Regina (on The Application of) v Kingston Crown Court: Admn 17 Jul 2014
The court had ordered the defendant, before his trial for a serious assault, to be remitted to a mental hospital under section 35 of the 1983 Act, so that a report could be prepared as to his mental condition. The central issue would be his capacity to form the necessary intent. The defendant appealed saying … Continue reading M, Regina (on The Application of) v Kingston Crown Court: Admn 17 Jul 2014
Winstanley v Sleeman and Another: QBD 13 Dec 2013
The claimant’s PhD thesis had initially failed, but on an internal appeal that decision was reversed, the appellate body accepting the contention that the supervision or other arrangements during his period of study had been unsatisfactory. The defendants no wapplied to strike out a clai for negligence. Held: The application failed: ‘If a university fails … Continue reading Winstanley v Sleeman and Another: QBD 13 Dec 2013
McAtee, Regina (on The Application of) v The Secretary of State for Justice: CA 20 Dec 2018
The claimant prisoner sought to challenge the statutory licence regime as it applied to indeterminate prisoners. The parties disputed whether the Court of Appeal had jurisdiction which in turn depended upon whether the claim was criminal in nature. Held: It did not follow from the case having criminal aspects that all associated claims were a … Continue reading McAtee, Regina (on The Application of) v The Secretary of State for Justice: CA 20 Dec 2018
Thakrar v Crown Prosecution Service: CA 21 May 2019
Private prosecution discontinuance criminal matter The claimant sought judicial review of a decision by the defendant to take over and discontinue his private prosecution. He now sought to appeal against rejection of his request. Held: The decision had been a decision in a criminal cause or matter, and as such, an appeal lay only (save … Continue reading Thakrar v Crown Prosecution Service: CA 21 May 2019
McTear v Imperial Tobacco Ltd: OHCS 31 May 2005
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this. Held: The action failed. The plaintiff had not proved that the smoking of cigarettes was the cause of the lung cancer, and it was … Continue reading McTear v Imperial Tobacco Ltd: OHCS 31 May 2005
Willers v Joyce and Another (Re: Gubay (Deceased) No 1): SC 20 Jul 2016
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 . .
Ultraframe (UK) Ltd v Fielding and others: ChD 27 Jul 2005
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 . .
Regina v Manchester Crown Court and Ashton and Others, ex parte Director of Public Prosecutions: HL 7 May 1993
A Crown Court decision to stay an indictment for lack of jurisdiction, was not susceptible to Judicial Review. This was a ‘decision affecting conduct of trial’. The House considered the meaning of the phrase ‘other than its jurisdiction in matters . .