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 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
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
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 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
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
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 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
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
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
1. The starting point in any consideration undertaken by the Secretary of State (‘the respondent’) as to whether to deprive a person of British citizenship must be made by reference to the rules and policy in force at the time the decision is made. Rule of law values indicate that the respondent is entitled to … Continue reading Hysaj (Deprivation of Citizenship:Delay) Albania: UTIAC 19 Mar 2020
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
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
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
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
The service of a writ on a professional person at his last known business address was proper. Citations: Gazette 05-Feb-1997, Gazette 29-Jan-1997, Gazette 22-Jan-1997, Times 26-Nov-1996, [1996] EWCA Civ 860, [1997] 1 WLR 446 Links: Bailii Statutes: Rules of the Supreme Court 10 1(2)(b) 83(3), County Court Rules 1981 3(1)(a) Jurisdiction: England and Wales Litigation … Continue reading Robertson v Banham and Co (a Firm): CA 31 Oct 1996
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
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
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
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
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
Application for permission to appeal against civil proceedings order. Judges: Kay LJ Citations: [2001] EWCA Civ 1168 Links: Bailii Statutes: Supreme Courts Act 1981 42 Jurisdiction: England and Wales Litigation Practice Updated: 04 October 2022; Ref: scu.218240
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
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 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
A High Court judge had given leave to prefer a voluntary bill against the appellant, who was arraigned on six counts in the voluntary bill. He pleaded not guilty, was convicted on four counts and was sentenced. Relying on section 2 of the 1933 Act, he appealed saying that the voluntary bill had never been … Continue reading Regina v Morais: CACD 1988
The defendant appealed a finding of infringement in a music copyright work, ‘Young at Heart’, based on a claim of joint authorship. The claimant had delayed his claim for many years, but now sought only rights to future royalties. Held: The defendant’s allegation of an estoppel against the claimant failed. The test for a joint … Continue reading Hodgens v Beckingham: CA 19 Feb 2003
The government of Spain had issued an arrest warrant and application for extradition in respect of Pinochet Ugarte for his alleged crimes whilst president of Chile. He was arrested in England. He pleaded that he had immunity from prosecution. Held: A head of state’s immunity from prosecution extends only to official acts performed in exercise … Continue reading Regina v Bartle and The Commissioner Of Police For The Metropolis and Others Ex Parte Pinochet Ugarte, Regina v Evans and Another and The Commissioner of Police For The Metropolis and Others (No 1): HL 22 Nov 1998
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 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
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
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
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
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
Prerogative act of prorogation was justiciable. The Prime Minister had prorogued Parliament for a period of five weeks, leaving only a short time for Parliament to debate and act the forthcoming termination of the membership by the UK of the EU. The Scottish Court had decided (Cherry) that the prorogation was void being for impermissible … Continue reading Miller, Regina (on the Application of) v The Prime Minister; Cherry QC v Lord Advocate: SC 24 Sep 2019
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
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
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
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
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
Creditors sought to treat the International Tin Council as an ‘association’ for the purposes of a provision under the Companies Act 1985 allowing for unregistered companies to be wound up. Held: The decision in Re a Company was binding. The presentation of a petition based upon an arbitration award was not enforcement of the award. … Continue reading Re International Tin Council: CA 1989
The plaintiff claimed for exposure to asbestosis. The parties could not agree as to his prognosis, and he claimed provisional damages. A written offer for provisional damages was made and accepted. The plaintiff requested judgment lodging a statement of medical facts. Held: There was sufficient evidence of an agreement satisfying the requirements of the Act. … Continue reading Hurditch v Sheffield Health Authority: CA 1989
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 Lord Chancellor was right to disallow a judge from conducting a second trial after he had been promoted to the Court of Appeal. Citations: Times 27-Jun-1996 Statutes: Supreme Court Act 1981 9 Jurisdiction: England and Wales Criminal Practice Updated: 21 July 2022; Ref: scu.87217
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 applicants sought judicial review of the respondent’s decision to support the application for admission to the Eurorpean Community of Cyprus. Held: Leave was refused: ‘the independence of Cyprus since 17th August 1960 forecloses any power in the United Kingdom courts to entertain issues which do not merely touch upon but are inseparable from the … Continue reading Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte British Council of Turkish Cypriot Associations and Another: Admn 19 Mar 1998
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
Application for indemnity costs after grant of freezing order. Judges: Warren J Citations: [2007] EWHC 469 (Ch) Links: Bailii Statutes: Supreme Court Act 1981 51 Jurisdiction: England and Wales Litigation Practice, Costs Updated: 10 July 2022; Ref: scu.250015
The defendants appealed against an order that a defamation trial should proced before a judge alone. Held: ‘Where the parties, or one of them, is a public figure, or there are matters of national interest in question, this would suggest the need for a jury trial; but a question relating to a person’s ‘fitness for … Continue reading Right Hon Aitken MP and Preston; Pallister and Guardian Newspapers Ltd: CA 15 May 1997
Citations: [2005] EWHC 1534 (Admin) Links: Bailii Statutes: Supreme Court Act 1981 42 Jurisdiction: England and Wales Citing: Cited – Harkness v Bell’s Asbestos and Engineering Limited CA 1966 The plaintiff’s solicitors had applied to a district registrar for leave of the court for the purposes of the Limitation Act 1963 when they ought to … Continue reading Johnson, Regina (on the Application Of) v Attorney General: Admn 29 Jun 2005
The making of an order allowing the plaintiff’s to execute a search on the other party’s premises is in effect part of the process of discovery. Templeman J discussed the making of such orders ex parte: ‘if it appears that the object of the plaintiffs’ litigation will be unfairly and improperly frustrated by the very … Continue reading EMI v Pandit: ChD 3 Dec 1974
The court made a Mareva order with ancillary disclosure orders for the purpose of enabling the plaintiffs to trace property acquired by the defendant and so take steps to seize that property if it derived from their assets. Judges: Templeman J Citations: Unreported, 26 May 1978 Jurisdiction: England and Wales Cited by: Cited – A … Continue reading London and County Securities Ltd v Caplin: ChD 26 May 1978
The plaintiffs were Indian Chiefs from Canada. They complained that the 1982 Act which granted independence to Canada, had been passed without their consent, which they said was required. They feared the loss of rights embedded by historical treaties. The Attorney General sought the strike out of the claims. Held: The application for a strike … Continue reading Manuel and Others v Attorney-General; Noltcho and Others v Attorney-General: ChD 7 May 1982
The court examined the development of the law in relation to comparative advertising. Jacob J said: ‘Prior to the coming into force of the Trade Marks Act 1994 comparative advertising using a registered trade mark of a competitor was, subject to minor exceptions involving the use of a company name, forbidden by section 4(1) of … Continue reading Vodafone Group Plc v Orange Personal Communications Services Ltd: ChD 1997
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
Application under section 37(1) of the Supreme Court Act 1981 to appoint a receiver. Judges: Goldring J Citations: [2001] EWHC 2003 (QB) Links: Bailii Jurisdiction: England and Wales Insolvency Updated: 23 June 2022; Ref: scu.331020
The appellant sought to enforce a international arbitration award against the respondent. The award was made under an arrangement which later became unlawful on Romania’s accession to the EU, and Romania obtained s stay pending resolution by the CJEU. Held: The stay was lifted. Judges: Lady Hale, Lord Reed, Lord Hodge, Lord Lloyd-Jones, Lord Sales … Continue reading Micula and Others v Romania: SC 19 Feb 2020
No anonymity for investigation suspect The claimant had been investigated on an allegation of historic sexual abuse. He had never been charged, but the investigation had continued with others being convicted in a high profile case. He appealed from refusal of orders restricting publication of his name and involvement in the inquiry. Held: (Kerr and … Continue reading PNM v Times Newspapers Ltd and Others: SC 19 Jul 2017
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
The appellant challenged an order declaring him a vexatious litigant, saying that the order had been made by a court of two judges, where the Act required that only one judge should sit. Held: Only a single judge of the Hight Court has jurisdiction to hear such an application. Citations: Times 12-Jun-1984 Statutes: Supreme Court … Continue reading In Re Fletcher: CA 12 Jun 1984
The judge, a circuit judge who had been appointed a judge of the TCC, had adjudicated on the claimant’s case in the High Court in the false belief that the appointment allowed him to do so. Held: The judge had not wilfully closed his eyes to the law, and his mistake was understandable. On established … Continue reading Coppard v The Commissioners of Customs and Excise, Lord Chancellor intervening: CA 9 Apr 2003
The Court reminded insolvency practitioners of fiduciary duties to creditors when refusing application for further payment on account of costs. Ferris J considered the principles applicable to fixing the remuneration of receivers of the estate of Robert Maxwell appointed by the court under section 37 of the 1981 Act. Their total recoveries before their remuneration … Continue reading Mirror Group Newspapers Plc v Maxwell and Others (No 2): ChD 15 Jul 1997
The claimant sought an order restraining the defendants from pursuing a claim in America. The parties were party to a contract governed by English law, but the allegation was one of fraud, and the defendants said this was outside the provisions of the contract. Held: Where a remedy was available both in England and in … Continue reading Roger Thomas Donohue v Armco Inc and others: CA 29 Mar 2000
The court refused leave to appeal from the High Court. It would be absurd if, when an order was made restricting commencement of proceedings by a vexatious litigant, that the High Court should not have power to restrain by the same order also commencement of proceedings in the County Court. Judges: Lord Woolf LCJ Citations: … Continue reading Ebert v Venvill (Trustee In Bankruptcy); Woolf; Midland Bank Plc and Rabinowicz (a Solicitor): CA 5 Jul 1999
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 insured, the insured had misrepresented the situation. The court considered whether a jury trial was required. Citations: [1998] EWCA Civ 311 Statutes: Supreme Court Act 1981 69(1) … Continue reading Parsons, Parsons v Provincial Insurance Plc: CA 20 Feb 1998
The court stated that there is either no jurisdiction to hear an appeal by way of case stated in relation to an interlocutory decision, in criminal proceedings or that it is the court’s invariable practice not to entertain one. A court might simply dismiss the appeal. As to section 28 of the 1981 Act: ‘There … Continue reading Loade v Director of Public Prosecutions: QBD 1990
A civil proceedings order was sought against the respondent. The respondent had commenced many actions against a particular company, which it was claimed were vindictive in nature. Held: Though the earliest proceedings had been vexatious it was not possible to characterise more recent attempts to litigate as such. ‘An improper motive may convert an otherwise … Continue reading HM Attorney-General v Ian Richard Flack: Admn 29 Nov 2000
The applicant sought to have set aside an order declaring him a vexatious litigant under the 1981 Act. Held: The application was refused. Judges: Ognall J Citations: [1999] EWHC Admin 493 Links: Bailii Statutes: Supreme Court Act 1981 42 Litigation Practice Updated: 28 May 2022; Ref: scu.139757
Rent demands were made by a local authority landlord on one of its tenants. The local authority, using its powers under the Act, resolved to increase rents generally. The tenant refused to pay the increased element of the rent. He argued that the resolutions and notices of increase were ultra vires and void, on the … Continue reading Wandsworth London Borough Council v Winder: HL 1985
The defendant had been made subject to a civil proceedings order but had begun criminal prosecutions from his prison cell against journalists. Held: The civil restraint order did not prevent the defendant commencing criminal actions. A criminal proceedings restraint order was made. Citations: [1999] EWHC Admin 216 Links: Bailii Statutes: Prosecution of Offences Act 1985 … Continue reading Hm Attorney General v Gleaves: Admn 9 Mar 1999
The court declined to hear an appeal against a decision to refuse to allow the transfer of a legal aid order in criminal proceedings. Judges: Harry Ognall QC J Citations: [1999] EWHC Admin 74 Links: Bailii Statutes: Supreme Court Act 1981 29(3) Legal Professions, Legal Aid Updated: 28 May 2022; Ref: scu.139338
Application for civil proceedings order. Citations: [1998] EWHC Admin 619 Links: Bailii Statutes: Supreme Court Act 1981 42 Litigation Practice Updated: 27 May 2022; Ref: scu.138740
Citations: [1998] EWHC Admin 408 Links: Bailii Statutes: Supreme Court Act 1981 41 Jurisdiction: England and Wales Cited by: See Also – Drozdowski v Department of Public Prosecutions Admn 8-Oct-1998 A parking ticket had wrongly identified the town in which the ticket was issued, and the ticket described the offence as ‘No Waiting’ where the … Continue reading HM Attorney General v Drozdowski: Admn 6 Apr 1998
Application for Civil Proceedings Order. Judges: Lord Justice Kennedy, and Mrs Justice Smith Citations: [1997] EWHC Admin 965 Links: Bailii Statutes: Supreme Court Act 1981 42 Litigation Practice Updated: 26 May 2022; Ref: scu.137910
The claimant, subject to a vexatious litigant order under the 1981 Act, sought leave to bring judicial review proceedings of a decision by the respondents to appoint a woman to the position of Minor Canon in the cathedral. Held: Permission was refused. He had no prospect of success, and the proceedings woud amount to an … Continue reading Regina v Dean and Chapter of St Paul’s Cathedral and Church In Wales ex parte Williamson: Admn 22 Aug 1997
Citations: [1997] EWHC Admin 691 Links: Bailii Statutes: Supreme Court Act 1981 42 Jurisdiction: England and Wales Ecclesiastical, Litigation Practice Updated: 26 May 2022; Ref: scu.137636
Citations: [1997] EWHC Admin 663 Links: Bailii Statutes: Supreme Court Act 1981 42 Jurisdiction: England and Wales Litigation Practice, Ecclesiastical Updated: 26 May 2022; Ref: scu.137608
If subordinate legislation cannot be construed in a way that makes it compatible with fundamental rights, it will be declared ultra vires. Rules which disallowed exemptions from court fees to a litigant in person on income support were invalid. They infringed the rule allowing access to justice. The common law had given special weight to … Continue reading Regina v Lord Chancellor ex parte John Witham: Admn 7 Mar 1997
The applicant, subject to a civil proceedings order, was refused permission to appeal to the court of appeal against refusal of his request for permission to bring judicial review proceedings against the respondent in respect of his claim for compensation for personal injuries after being assaulted. Judges: Laws J Citations: [1997] EWHC Admin 240 Links: … Continue reading Regina v Criminal Injuries Compensation Board ex parte E: Admn 10 Mar 1997
Citations: [1997] EWHC Admin 155 Links: Bailii Statutes: Supreme Court Act 1981 42 Crime Updated: 25 May 2022; Ref: scu.137100
Reasons for Civil proceedings order. Citations: [1996] EWHC Admin 157 Links: Bailii Statutes: Supreme Court Act 1981 42 Litigation Practice Updated: 25 May 2022; Ref: scu.136705
(US Supreme Court) Underhill, a US citizen, had constructed a waterworks in Bolivar for the government which was eventually overthrown by revolutionary forces, one of whose generals was Hernandez. After Hernandez had captured Bolivar, Underhill sought to leave. Hernandez refused the request and confined Underhill to his house, in order to coerce Underhill into continuing … Continue reading Underhill v Hernandez: 29 Nov 1897
The court has the power to stay an action which pursued a remedy which was outside the terms of the arbitration agreement determining the dispute. The contract between the parties provided for disputes to be settled by arbitration in Belgium. The plaintiff sought injunctive relief from an English court. The defendant requested a stay. Held: … Continue reading Channel Tunnel Group Ltd v Balfour Beatty Construction Ltd and Others: HL 17 Feb 1993
Appeals were made against orders under s42 of the 1981 Act restraining the appellants from commencing proceedings without consent of the court. Held: The non-disclosure of a bench memorandum was the usual practice internationally, and not a breach of the litigant’s human rights. The right to present a case, did not include the right to … Continue reading Attorney-General v Covey; Attorney-General v Matthews: CA 19 Feb 2001
