Application for vexatious litigant order. Citations: [1997] EWHC Admin 123 Links: Bailii Statutes: Supreme Court Act 1981 42 Litigation Practice Updated: 25 May 2022; Ref: scu.137068
Citations: [1997] EWHC Admin 124 Links: Bailii Statutes: Supreme Court Act 1981 Criminal Practice Updated: 25 May 2022; Ref: scu.137069
Citations: [1997] EWHC Admin 81 Links: Bailii Jury Updated: 25 May 2022; Ref: scu.137026
The applicant had been convicted of offences relating to the management of his nursing home, and had been struck off the Register of Nurses. Held: It was no defence to the criminal charges that a member of staff had failed in her duties. The defence available to offences of showing that he had taken all … Continue reading Balamoody v United Kingdom Central Council; Balamoody v Manchester City Magistrates’ Court: Admn 10 Jun 1998
The Crown Court is a single court. Judges: Hooper J Citations: (2000) 164 JP 729 Statutes: Supreme Court Act 1981 76 78 Jurisdiction: England and Wales Cited by: Cited – R, Regina v CACD 4-Apr-2008 The defendant appealed his conviction for rape, saying that the complainant’s evidence had wrongfully been allowed to be given over … Continue reading Regina (Britton) v Croydon Crown Court: 2000
Citations: [1981] 1 WLR 458 Statutes: Supreme Courts Act 1981 69(1) Jurisdiction: England and Wales Cited by: Cited – Parsons, Parsons v Provincial Insurance Plc CA 20-Feb-1998 The insurers refused to pay on a fire claim, saying that it was started by the insured, that the proposal was incorrect, and that in extending the value … Continue reading Stafford Winfield Cook and Partners v Winfield: 1981
A appealed an order made by the Crown Court under the 1964 Act for his detention in a mental hospital on the grounds that he was unfit to enter a plea to the charge of murder. Held: The Court of Appal had no jurisdiction to hear the appeal. All appeals from orders of the Crown … Continue reading Regina on the Application of South West Yorkshire Mental Health NHS Trust v Crown Court at Bradford: CA 19 Dec 2003
The claimant appealed against a refusal by the magistrate to allow access to documents filed during proceedings when the court felt that all relevant matters had been discussed openly and in detail in court. Held: The appeal failed, and the court refused leave to appeal. Judges: Sullivan LJ and Silber J Citations: [2010] EWHC 3376 … Continue reading Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: Admn 21 Dec 2010
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 Secretary of State had refused to grant a certifate as to a file under the 1985 Act thus disallowing certain capital allowances. The Rules said that a decision of the High Court would be final. Judges: Kennedy, Jonathan Parker LJJ Citations: [2002] EWCA Civ 1864 Links: Bailii Statutes: Films Act 1985 Sch 1, Supreme … Continue reading Peakviewing (Interactive) Ltd and others v Secretary of State for Culture, Media and Sport: CA 28 Nov 2002
The bank having sued the defendant under a guarantee, the defendant sought to join in the principal debtor company to pursue a counterclaim. The defendant appealed a refusal on the ground that the principal would not itself have been given leave to serve a writ on the plaintiff who was outside the jurisdiction. Held: The … Continue reading Union Bank of the Middle East Ltd v Clapham: CA 15 Jul 1981
ICO The complainant was the subject of a civil proceedings order issued under section 42 of the Supreme Court Act 1981. The complainant asked the public authority for a letter about him which was sent by the judges to the Attorney General’s Office after his court case that initiated this order. The public authority did … Continue reading Her Majestys Courts Service (Decision Notice): ICO 25 Mar 2009
Supreme Court of Canada The References in question were prompted by the opposition of eight provinces to a proposed Resolution, published on October 2, 1980. The proposed Resolution contained an address to be presented to Her Majesty The Queen in right of the United Kingdom and a statute, to which was appended another statute providing … Continue reading Resolution to amend the Constitution: 28 Sep 1981
A court which was considering ordering a third party, who was not party to the action, to pay costs in an action, should first be satisfied that it is just to do so in all the circumstances. There is no need to establish any exceptional circumstances. There must be a connection between the incurring of … Continue reading Globe Equities Ltd v Globe Legal Services Ltd and others and Other Actions: CA 5 Mar 1999
The Applicant was charged and remanded into custody by the Justices, having refused conditional bail. Bail was later granted, but he sought judicial review of the original remand decision, just before his trial, which then intervened. After the trial, the Divisional Court quashed the remand decision adjourning the claim for damages. It was said that … Continue reading Regina v Blandford Magistrates Court ex parte Pamment: CA 1990
MEP’s are susceptible to prosecution. The National courts do have jurisdiction. Citations: Gazette 20-Jan-1993 Statutes: Supreme Court Act 1981 29(3) Jurisdiction: England and Wales Cited by: Appeal from – 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 … Continue reading Regina v Manchester Crown Court ex parte Director of Public Prosecutions: QBD 20 Jan 1993
Application for leave by person subject to vexatious litigant order to commence proceedings against her former husband. Citations: [2006] EWHC 2727 (Admin) Links: Bailii Statutes: Supreme Court Act 1981 42(1) Jurisdiction: England and Wales Litigation Practice Updated: 12 April 2022; Ref: scu.246355
Decision in Crown Court regarding costs or other element of a matter which was formulated in the indictment is a matter relating to the trial and was not subject to judicial review. Citations: Times 28-Apr-1998 Statutes: Supreme Court Act 1981 29(3) Judicial Review Updated: 09 April 2022; Ref: scu.86816
A Divisional Court has no jurisdiction to challenge a Crown Court’s order for disclosure. Citations: Times 23-Oct-1995, Ind Summary 16-Oct-1995 Statutes: Supreme Court Act 1981 29(3) Criminal Practice Updated: 09 April 2022; Ref: scu.86345
Crown Court decision to give complaints statements to defendant not reviewable. The Supreme Court Act 1981 limits judicial review power. Citations: Ind Summary 05-Jul-1993, Times 27-Jul-1993 Statutes: Supreme Court Act 1981 28 29 31 Jurisdiction: England and Wales Judicial Review, Criminal Practice Updated: 09 April 2022; Ref: scu.86334
A ship belonging to the appellants had been blacked by the defendant union. Negotiations to clear the threat resulted in payment by the appellants to a welfare fund of the defendant. The company sought its refund saying that it had been paid under duress. The Court of Appeal had found it to be a payment … Continue reading Universe Tankships Inc of Monrovia v International Transport Workers Federation: HL 1 Apr 1981
The applicant had been given temporary accomodation under the Act. He sought to enforce the obligation on the respondent to house him permanently by an action in the county court. The authority said the action should have been by judicial review. Held: Where the action impugned the authority’s performance of its statutory duties as a … Continue reading Cocks v Thanet District Council: HL 25 Nov 1981
Worldlii United States Supreme Court – When the General Counsel for petitioner pharmaceutical manufacturing corporation (hereafter petitioner) was informed that one of its foreign subsidiaries had made questionable payments to foreign government officials in order to secure government business, an internal investigation of such payments was initiated. As part of this investigation, petitioner’s attorneys sent … Continue reading Upjohn Company v United States: 13 Jan 1981
The plaintiff had applied for disclosure of assets under the Rules of the Supreme Court in support of a Mareva freezing order. The rules were held not to provide any such power: disclosure of assets could not be obtained as part of discovery as the documents concerned did not relate ‘to matters in question in … Continue reading A J Bekhor and Co Ltd v Bilton: CA 6 Feb 1981
Civil Search Orders possible The plaintiff manufactured and supplied through the defendants, its English agents, computer components. It had reason to suspect that the defendant was disclosing its trade secrets to competitors. The court considered the effect of a civil search order (as opposed to a criminal search warrant), where the court had in effect … Continue reading Anton Piller v Manufacturing Processes Ltd: CA 8 Dec 1975
In a defamation action, issues arose as to two conflicting oil concessions which neighbouring states in the Arabian Gulf had granted over their territorial and offshore waters. The foreign relations of the United Kingdom and Iran were also involved in the dispute. The authorities concerning acts of state were reviewed for the purpose of a … Continue reading Buttes Gas and Oil Co v Hammer (No 3): HL 1981
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 . .
In the course of urgent children proceedings, counsel advised solicitors inappropriately to seek judicial review of a court decision. The application was persisted with despite warnings from the respondents that they intended to seek a wasted costs . .
The claimant newspaper sought to appeal against a refusal by the respondent to disclose papers filed in a case before it. The court considered whether it had jurisdiction to hear an appeal.
Held: Under the 1981 Act no appeal would lie if the . .
References: [1981] USSC 7, 449 U.S. 383, 101 S.Ct. 677, 66 L.Ed.2d 584 Links: Worldlii Coram: Justice Rehnqist Worldlii United States Supreme Court – When the General Counsel for petitioner pharmaceutical manufacturing corporation (hereafter petitioner) was informed that one of its foreign subsidiaries had made questionable payments to foreign government officials in order to secure … Continue reading Upjohn Company v United States; 13 Jan 1981
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
When the ITC did not satisfy an arbitral award made against it, the judgment creditor sought to discover where its assets could be found. Application to the Court was made under RSC 0.48 of the Supreme Court Act 1981 and under the Court’s inherent . .
Application by the Attorney General for a Civil Proceedings Order pursuant to section 42 of the Supreme Court Act 1981 (‘the 1981 Act’) against M. . .
Application by 2 and 3 defendants for an order suspending proceedings in England pending production and consideration of expert report. Whether, pursuant to Supreme Court Act 1981 s. 49(3) and CPR 3.1(2)(f), there were ‘compelling circumstances’ . .
The court asked whether a dishonest witness, alleged to be a party to a conspiracy to bring a dishonest claim, might be ordered to pay costs. Citations: [2008] EWCA Civ 748, [2008] CP Rep 37 Links: Bailii Statutes: Supreme Court Act 1981 51 Jurisdiction: England and Wales Costs Updated: 20 December 2022; Ref: scu.270580
The court addressed the principles upon which a Court will grant interlocutory injunctive relief in harassment cases. Held: Both the High Court and the County Court had jurisdiction under the 1981 and 1984 Acts to grant interlocutory injunctions in wide terms to restrain conduct that was not in itself tortuous or otherwise unlawful, if such … Continue reading Burris v Azadani: CA 27 Jul 1995
The Secretary of State was not entitled to a Mareva injunction preventing the disposal of assets against a parent pending the issue of a child support assessment. The court refused a freezing order:- (Morritt LJ) ‘The Child Support Act introduced a wholly new framework for the assessment and collection of the sums required for the … Continue reading Department of Social Security v Butler: CA 11 Aug 1995
Request for pre-action disclosure. Judges: David Steel J Citations: [2008] EWHC 55 (Comm) Links: Bailii Statutes: Supreme Court Act 1981 33 Jurisdiction: England and Wales Litigation Practice Updated: 20 December 2022; Ref: scu.263883
Application for a civil proceedings order Citations: [2005] EWHC 1283 (Admin) Links: Bailii Statutes: Supreme Court Act 1981 42 Jurisdiction: England and Wales Litigation Practice Updated: 20 December 2022; Ref: scu.228212
Application for Civil Proceedings Order. Held: ‘This defendant has become a compulsive litigant who has lost touch with reality. Her remorseless pursuit of litigation is wholly without merit, is clearly vexatious and has perpetrated a waste of scarce judicial resources needed for the determination of proper claims. Nothing in the documents put in by the … Continue reading HM Attorney General v Foden: Admn 7 Apr 2005
Solicitors who unreasonably commence proceedings may be subject to a wasted costs order, but there should be no award of costs against a solicitor solely because he acted without a fee. An award of costs should not be made against a solicitor who had acted for a client in a defamation action which was lost, … Continue reading Tolstoy-Miloslavsky v Aldington: CA 27 Dec 1995
The standard of proof in vexatious litigant proceedings is civil not criminal. Even so, because the fundamental rights of the subject are affected by the making of a civil proceedings order, there should be evidence placed before the court that the appropriate law officer has personally considered the papers and has personally authorised the making … Continue reading Attorney General v Hayward: CA 10 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
The appeal raised the question whether, when a receiver appointed under a bank charge causes an insolvent company to sue, the action is unsuccessful and the successful party is unable to recover costs against the company, the successful party may recover the costs from the receiver under the jurisdiction in section 51 of the Supreme … Continue reading Mills v Birchall and Another: CA 18 Apr 2008
The claimant challenged decisions taken as to the extension of time to allow her to pass the Common Professional Examination to become a member of the Bar. An application had some time before made for an oder under the 1981 Act. There was no taint of vexation in this application. Judges: Sedley J Citations: [1997] … Continue reading Regina v Common Professional Examination Board ex parte Sally Mealing-Mcleod: Admn 4 Nov 1997
A slot charterer had a right in a ship, even if only of a part of the ship, and so a claim under the agreement to arrest a sister ship of the chartering company could be heard within the Admiralty Court’s jurisdiction. Judges: Moore-Bick VP CA, Tomlinson LJJ, Keehan J Citations: Times 30-Apr-1999, Gazette 06-May-1999, … Continue reading MSC Mediterranean Shipping Co Sa v Polish Ocean Lines (The Tychy): CA 31 Mar 1999
The Attorney general was entitled to discontinue an application for a vexatious litigant order. Citations: [2007] EWHC 2650 (Admin) Links: Bailii Statutes: Supreme Court Act 1981 42 Jurisdiction: England and Wales Litigation Practice Updated: 04 December 2022; Ref: scu.261377
Application for civil proceedings order. Citations: [2007] EWHC 1729 (Admin) Links: Bailii Statutes: Supreme Court Act 1981 42 Jurisdiction: England and Wales Litigation Practice Updated: 04 December 2022; Ref: scu.258405
No Judicial Review of Decisions of Private Body Despite the wide range of its powers, the disciplinary committee of the Jockey Club remains a domestic tribunal. Judicial review is not available to a member. The relationship is in contract between the club and its member. Sir Thomas Bingham MR said: ‘No serious racecourse management, owner, … Continue reading Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992
The father sought to revoke a freeing order. He said that the social workers had conspired to exclude him from the process. The child was born of a casual relationship, and at first he was unaware of the proceedings. On learning of them he sought to revoke the placement order. Aware that they were doing … Continue reading In re F (A Child) (Placement Order); C v East Sussex County Council (Adoption): CA 1 May 2008
The builders had obtained a charging order for the costs awarded to them in extensive litigation, and a third party costs order but without the third party having opportunity to test the bill delivered. They had agreed to sell land to the defendant, but he had required the transfer to be in a different form … Continue reading Nelson v Greening and Sykes (Builders) Ltd: CA 18 Dec 2007
In the trial, the complainant sought damages against the police for various alleged acts of malpractice. The judge ordered trial before a jury under the section, but it later became clear that detailed consideration would be required of scientific evidence, and the judge ordered trial by judge without a jury. On appeal the court felt … Continue reading Darragh etc v Chief Constable of Thames Valley Police: CA 16 Oct 1998
The Court of Appeal was able to hear an appeal from a judge’s decision to discharge the jury, after prejudicial comments by plaintiff’s counsel in his closing address to the jury. There is a distinction from what would happen in a criminal trial, although in this case the appeal was dismissed. Citations: Gazette 16-Sep-1998, [1998] … Continue reading Gladding v Channel 4 Television Corporation: CA 28 Jul 1998
Planning authority could not reserve matters where outline approval given under General Development Order. A three year delay between the decision, and the application for judicial review was an undue delay defeating that application. Undue delay provisions applied particularly in planning cases.Pill LJ observed that ‘a planning permission is contained in a public document which … Continue reading Regina v Newbury District Council and Newbury and District Agricultural Society ex parte Chieveley Parish Council: CA 23 Jul 1998
Application to restrain arbitration. Citations: [2007] EWHC 571 (Comm), [2007] 2 Lloyd’s Rep 8, [2007] 1 CLC 227, [2007] 2 Lloyds Rep 8, [2007] ArbLR 20, [2007] 2 LLR 8 Links: Bailii Statutes: Supreme Court Act 1981 37 Jurisdiction: England and Wales Arbitration Updated: 20 November 2022; Ref: scu.251179
The Court has no power under the Supreme Court Act to award interest on damages sums recoverable by the Plaintiff but which had been paid before the commencement of proceedings Judges: Waller LJ Citations: Times 28-May-1998, Gazette 17-Jun-1998, [1998] EWCA Civ 862, [1998] 3 WLR 457, [1999] QB 297, [1998] 3 All ER 203 Links: … Continue reading I M Properties Plc v Cape and Dalgleish (a Firm): CA 20 May 1998
The insurer appealed against an order requiring it to disclose all policies of insurance and associated documents relating to the policy under which a claim was being made. Held: A claim for an indemnity under a contract of insurance though in respect of personal injuries was not itself an action for damages for personal injuries … Continue reading Burns v Shuttlehurst Limited and McGroarty General Accident Fire and Life Assurance Corporation Plc: CA 24 Apr 1998
The respondent had been subject first to a Grepe v Loam order and then to an extended civil restraint order. The court had still faced many hopeless applications. An order was now sought that any future application for permission to appeal be heard by a nominated judge, and any oter application should be heard first … Continue reading Attorney General v Perotti: Admn 10 May 2006
Citations: [2006] EWHC 1982 (Admin) Links: Bailii Statutes: Supreme Court Act 1981 42 Jurisdiction: England and Wales Litigation Practice Updated: 12 November 2022; Ref: scu.244235
Application for civil proceedings order. Citations: [2006] EWHC 901 (Admin) Links: Bailii Statutes: Supreme Court Act 1981 42 Jurisdiction: England and Wales Litigation Practice Updated: 12 November 2022; Ref: scu.241729
Judges: David Richards J Citations: [2006] EWHC 1537 (Ch) Links: Bailii Statutes: Supreme Court Act 1981 51(3) Jurisdiction: England and Wales Costs Updated: 12 November 2022; Ref: scu.243050
No further appeal from judge lies after a final decision on the case stated by justices. Citations: Times 26-Nov-1997 Statutes: Supreme Court Act 1981 Jurisdiction: England and Wales Magistrates Updated: 11 November 2022; Ref: scu.83326
The ownership of a ship by a sovereign state did not make the ship free from the possibility of arrest for non-payment. The State having operated demise charter, and having failed to comply with convention had lost its state immunity of a ship from arrest. Citations: Times 10-Nov-1997, Gazette 19-Nov-1997, [1997] EWCA Civ 2591 Statutes: … Continue reading Bridge Oil Limited v Owners And/Or Demise Charterers of Ship ‘Giuseppe De Vittorio’: CA 29 Oct 1997
Citations: [1997] EWCA Civ 2308 Statutes: Supreme Court Act 1981 42(1) Jurisdiction: England and Wales Citing: Cited – Attorney General v Hayward CA 10-Nov-1995 The standard of proof in vexatious litigant proceedings is civil not criminal. Even so, because the fundamental rights of the subject are affected by the making of a civil proceedings order, … Continue reading H M Attorney General v Foley and Foley: CA 21 Aug 1997
A Local Authority’s failure to operate its Housing Act duties correctly gave no right to a private law claim for damages Citations: Times 01-Aug-1995, Independent 09-Aug-1995 Statutes: Housing Act 1985, Supreme Court Act 1981 31(4) Jurisdiction: England and Wales Housing, Local Government Updated: 27 October 2022; Ref: scu.87463
There is no power for Court of Appeal itself to give leave to appeal after High Court’s refusal of leave on an enforcement notice. The court rejected the applicant’s submission that a High Court judge’s decision refusing permission to appeal under section 289 fell within section 16 of the 1981 Act. The Master of the … Continue reading Huggett v Secretary of State for the Environment Etc; Wendy Fair Markets Ltd v Same; Bello v Etc: CA 1 Mar 1995
The plaintiffs had sued in Ireland and obtained a Mareva injunction. That injunction was then first extended to a worldwide injunction, before being set aside. The court could itself to enquire as to damages without deciding whether to enforce the undertaking in damages given by the plaintiff. Judges: Neill LJ, Evans LJ, Saville LJ Citations: … Continue reading Balkanbank v Taher and Others (No 2): CA 18 Nov 1994
The court is entitled to refuse a request for judicial review on the sole ground of delay without any requirement of a causal link between the delay and any prejudice. Mere tardiness or incompetence of legal or other advisors is normally not a good ground for the grant of leave to bring a case out … Continue reading Regina v Secretary of State for Health ex parte Furneaux: CA 1994
An order relating to the taxation of costs was not itself an order ‘only for costs’ which must be left to the discretion of the judge hearing the application. Accordingly, the court of appeal could grant leave to appeal against the order where this was refused by the judge involved. Citations: Ind Summary 15-Feb-1993 Statutes: … Continue reading NFC Properties Ltd v London Borough of Camden: CA 15 Feb 1993
A vexatious litigant order applies equally to the business partners of a subject of the order. Citations: Gazette 06-Jul-1994, Independent 01-Jun-1994, Times 17-May-1994 Statutes: Supreme Court Act 1981 42(1A) Jurisdiction: England and Wales Litigation Practice Updated: 26 October 2022; Ref: scu.83638
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 claimant was subject to a cvil proceedings order, requiring to obtain leave before issuing proceedings. He now sought to appeal a finding against him that he should have sought such permission before applying for permission to issue judicial review proceedings. Held: The Court of Appeal may not hear an appeal from a refusal of … Continue reading In Re E (No 2): CA 11 Aug 1994
The power to make a wasted costs order did not apply only against advocates in court, and not only against the applicant’s own representatives. The test was as to the causing of additional costs. In this case several barristers had been involved at different stages. The defendants asserted that they should have appreciated that there … Continue reading Brown and Another v Bennett and Others (No 2): ChD 16 Nov 2001
An application was made by a local authority to restrict publication of the name of a defendant in criminal proceedings in order to protect children in their care. The mother was accused of having assaulted the second respondent by knowingly transmitted HIV/Aids to him by having unprotected sex but hiding her HIV status. Held: The … Continue reading A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication): FD 14 Jul 2005
The plaintiffs were protesters against Apartheid. The defendant, a political risks consultancy, was to sell a report on the activities of anti-apartheid groups, their relationship with terrorist groups and their intentions. The claimants were concerned that the report might contain material that was defamatory of them and they wish to see it before it was … Continue reading Huddleston v Control Risks: 1987
Citations: [2001] EWCA Civ 1891 Links: Bailii Statutes: Supreme Court Act 1981 18(1)(d) Jurisdiction: England and Wales Litigation Practice, Family Updated: 14 October 2022; Ref: scu.218537
Civil Restraint Order Citations: [2003] EWHC 3114 (Admin) Links: Bailii Statutes: Supreme Court Act 1981 42 Jurisdiction: England and Wales Citing: See Also – Bhamjee v Forsdick and others CA 14-May-2003 . . See Also – Bhamjee v Forsdick and Others (No 2) CA 25-Jul-2003 The Court set out the range of remedies available to … Continue reading Attorney General v Bhamjee: Admn 8 Dec 2003
Judges: Gibson LJ, Citations: [2002] EWCA Civ 417 Links: Bailii Statutes: Supreme Court Act 1981 51, Landlord and Tenant Act 1987 5 Jurisdiction: England and Wales Costs, Landlord and Tenant Updated: 13 October 2022; Ref: scu.216971
Criminal Proceedings Order application Citations: [2004] EWHC 1838 (Admin) Links: Bailii Statutes: Supreme Court Act 1981 42 Jurisdiction: England and Wales Litigation Practice Updated: 12 October 2022; Ref: scu.199827
Application on behalf of the Attorney General for a civil proceedings order Citations: [2004] EWHC 222 (Admin) Links: Bailii Statutes: Supreme Court Act 1981 41 Litigation Practice Updated: 08 October 2022; Ref: scu.193934
The court may re-sentence a defendant where the first sentence was unlawful if the proper procedure was now followed. Citations: Times 02-Nov-1995 Statutes: Supreme Court Act 1981 47-2 Jurisdiction: England and Wales Criminal Sentencing Updated: 08 October 2022; Ref: scu.86589
A bond contained an arbitration clause subject to a further clause giving the claimant an ‘exclusive right at its option to apply to the courts of England to settle any disputes which may arise out of or in connection with these presents’. The defendants started an arbitration challenging the claimant’s assertion that events of default … Continue reading Law Debenture Trust Corporation Plc v Elektrim Finance Bv and others: ChD 1 Jul 2005
An order had been made enjoining the respondent from entering the Royal Courts of Justice, or commencing proceedings, without written leave. Some insolvency applications remained outstanding. The applications made several repetitions of applications already refused. No new evidence or arguments were put forward. ‘Mr. Ebert has either lost touch with the realities of his position … Continue reading Regina v Ebert: ChD 12 Nov 2001
Citations: [2001] EWCA Civ 170 Links: Bailii Statutes: Supreme Court Act 1981 28A Jurisdiction: England and Wales Rating Updated: 27 September 2022; Ref: scu.217967
Application for civil proceedings order. Citations: [2004] EWHC 816 (Admin) Links: Bailii Statutes: Supreme Court Act 1981 42 Jurisdiction: England and Wales Litigation Practice Updated: 27 September 2022; Ref: scu.197063
vexatious litigant order Citations: [2004] EWHC 698 (Admin) Links: Bailii Statutes: Supreme Court Act 1981 42 Jurisdiction: England and Wales Litigation Practice Updated: 25 September 2022; Ref: scu.195554
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
Judges: Turner J Citations: [2002] EWHC 1404 (QB) Links: Bailii Statutes: Supreme Court Act 1981 51 Jurisdiction: England and Wales Costs, Legal Professions Updated: 16 September 2022; Ref: scu.189161
World-wide freezing orders had been made under the 1982 Act. The defendants were members of a Turkish family with substantial business interests in the telecommunications industry. In breach of orders made in the US some defendants had sought to hide their assets. They had failed to respond as required to orders to disclose their assest, … Continue reading Motorola Credit Corporation v Uzan and others (No 2): CA 12 Jun 2003
Application for Civil proceedings order Judges: Henriques Mr Justice Henriques Lord Justice Dyson Citations: [2004] EWHC 1952 (Admin) Links: Bailii Statutes: Supreme Court Act 1981 41 Jurisdiction: England and Wales Litigation Practice Updated: 29 August 2022; Ref: scu.200306
The applicant sought leave to appeal refusal of a judicial review of the decision of the respondent with regard to the taxation of his costs under a defendant’s costs order. The review had been refused as out of time and without merit. Held: The Court of Appeal could not hear an appeal from the High … Continue reading Mehmet, Regina (on the Application of) v Clerk To the Justice of Miskin, Cynon Valley and Methyr Tydfill Petty Sessional Divisions: CA 29 Aug 2002
The AG sought a civil proceedings order against the respondent. Held: Before the court can make an order under the section it must be satisfied that the statutory precondition of an order is fulfilled, namely that the person against whom the order is sought has habitually and persistently and without any reasonable ground instituted vexatious … Continue reading Attorney General v Barker: Admn 16 Feb 2000
The claimant had cohabited with the deceased. After his death, she applied for a grant of letters of administration in his estate, but this was rejected on the basis that she had no sufficient interest to make a claim to probate. The deceased had died but shortly after his divorce the defendants said that he … Continue reading O’Brien v Seagrave and Another: ChD 23 Mar 2007
The claimant appealed against an order striking out his claim and a consequential civil proceedings order had been made. Held: ‘ the statement of case in this action disclose no reasonable grounds for bringing any of these claims. Accordingly it must be struck out in its entirety. ‘ Judges: Tugendhat Citations: [2005] EWHC 550 (QB) … Continue reading Branch and others v Department for Constitutional Affairs: QBD 8 Apr 2005
Sir John Donaldson MR explained that: ‘In terms of jurisdiction, there can be no doubt that this court can hear an appeal from an order made by the High Court upon an ex parte application. This jurisdiction is conferred by section 16 (1) of the Supreme Court Act 1981. Equally there is no doubt that … Continue reading WEA Records v Visions Channel 4 Ltd: CA 1983
A section 42 order embraced applications to or in the Court of Appeal as well as below. A person against whom a vexatious litigant order was sought could not seek to argue anew the findings which had already been made against him by the courts in which he had been litigating. In dealing with an … Continue reading Attorney General v Jones: CA 1990
Application for civil proceedings order. Citations: [2008] EWHC 1452 (Admin) Links: Bailii Statutes: Supreme Court Act 1981 42 Jurisdiction: England and Wales Litigation Practice Updated: 09 August 2022; Ref: scu.270605
Their client had been found in contempt and sentenced to imprisonment. The solicitors were now subject to an application for disclosure of further details of how they contacted their client. The court considered the jurisdiction of the court to make such an order and how it might affect legal privilege. The respondent solicitors were Addleshaw … Continue reading JSC BTA Bank v Ablyazov and Others: ComC 15 May 2012
Two applications for costs orders under section 51 of the Supreme Court Act 1981. Citations: [2009] EWHC 2432 (Comm) Links: Bailii Jurisdiction: England and Wales Costs Updated: 04 August 2022; Ref: scu.376018
Judges: Charles J Citations: [2008] EWHC 363 (Fam), [2008] 2 FLR 293, [2008] Fam Law 499 Links: Bailii Statutes: Child Abduction and Custody Act 1985, Children Act 1989, Supreme Court Act 1981 Jurisdiction: England and Wales Children Updated: 26 July 2022; Ref: scu.276697