Application by claimant for release of papers held by former solicitors to allow request for permission to appeal. Outstanding costs.
Nugee J
[2019] EWHC 2573 (Ch)
England and Wales
Updated: 31 August 2022; Ref: scu.642618
The Revenue had challenged a decision by the FTTTx to bar it from defending an appeal as to VAT liability. It had failed first to meet procedural time limits and on the issue of an unless order had failed to comply. The Revenue challenged the ability of the FTTTx to debar it from defending.
Held: The revenue’s appeal failed. The FTTTx faced a difficult binary choice, a draconian barring or allowing the Revenue to escape its failures: ‘I do not consider that it was on the wrong side of the line, given the combination of the nature and extent of HMRC’s failure to reply to BPP’s request, the length of the delay in rectifying the failure and the length of the consequential delay to the proceedings, the absence of any remedy to compensate BPP for the delay, and the absence of any explanation or excuse for the failure, coupled with the existence of other failures by HMRC to comply with directions.’
Lord Neuberger, President, Lord Clarke, Lord Sumption, Lord Reed, Lord Hodge
[2017] UKSC 55, [2017] 1 WLR 2945, [2017] STC 1655, [2017] BVC 36, [2017] 4 All ER 756, [2017] STI 1742, UKSC 2016/0069
Bailii, Bailii Summary, SC, SC Summary, SC Summary Video, SC 20170627 am video
Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 8
England and Wales
At FTTTx – BPP University College of Professional Studies v Revenue and Customs FTTTx 1-Jul-2014
FTTTx HMRC directed to provide further and better particulars – unless order breached – whether HMRC should be barred – whether Mitchell applies – HMRC barred. . .
At UTTC – Revenue and Customs v BPP Holdings Ltd and Others UTTC 3-Oct-2014
PROCEDURE – HMRC barred from further participation – FTT rule 8 – whether FTT applied correct principles – no – whether FTT’s decision outside reasonable exercise of judicial discretion – yes – decision set aside and remade – no barring order . .
At CA – BPP Holdings v Revenue and Customs CA 1-Mar-2016
HMRC had been debarred from further participation in the proceedings. BPP provided training courses, and the issue was as to the chargeability to VAT of books supplied between companies in the group. In the proceedings, HMRC repeatedly failed to . .
Cited – Mitchell MP v News Group Newspapers Ltd CA 27-Nov-2013
(Practice Note) The claimant brought defamation proceedings against the defendant newspaper. His solicitors had failed to file his costs budget as required, and the claimant now appealed against an order under the new Rule 3.9, restricting very . .
Cited – Walbrook Trustee (Jersey) Ltd and others v Fattal and others CA 11-Mar-2008
Applications between consortium members as to management of apartment block.
Lawrence Collins LJ said: ‘ . . an appellate court should not interfere with case management decisions by a judge who has applied the correct principles and who has . .
Cited – Mucelli v Government of Albania (Criminal Appeal From Her Majesty’s High Court of Justice) HL 21-Jan-2009
The House was asked whether someone who wished to appeal against an extradition order had an obligation also to serve his appellant’s notice on the respondent within the seven days limit, and whether the period was capable of extension by the court. . .
Cited – Jones v First Tier Tribunal and Another SC 17-Apr-2013
The claimant had been injured when a lorry driver swerved to avoid hitting a man who stood in his path. He said that the deceased’s act of suicide amounted to an offence of violence under the 1861 Act so as to bring his own claim within the 2001 . .
Cited – Denton and Others v TH White Ltd and Others CA 4-Jul-2014
(De Laval Ltd, Part 20 defendant) (Practice Note) Several parties applied for relief from sanctions, having been refused at first instance:
Held: The court identified a three stage process. It should first calculate the seriousness and or . .
Cited – Thevarajah v Riordan and Others SC 16-Dec-2015
The defendants had failed to comply with an ‘unless’ order requiring disclosure, and had been first debarred from defending the cases as to liability. They applied to a second judge who granted relief from sanctions after new solicitors had complied . .
Cited – Hysaj v Secretary of State for The Home Department CA 16-Dec-2014
Applications for extensions of time to file an appeal should be taken the same as for applications for relief from sanctions, and should attract the same rigorous approach. There is no good reason to have a different approach for public law cases. . .
Cited – Prince Abdulaziz v Apex Global Management Ltd and Another SC 26-Nov-2014
The appellant was involved in very substantial litigation with the respondents. As a member of the Saudi Royal family he said that by convention he was not allowed to sign a witness statement, and appealed inter alia against orders requiring him to . .
Lists of cited by and citing cases may be incomplete.
Updated: 31 August 2022; Ref: scu.591174
Application for pre-action disclosure
Clark M
[2018] EWHC 3408 (Ch)
England and Wales
Updated: 31 August 2022; Ref: scu.631390
The defendants had failed to comply with an ‘unless’ order requiring disclosure, and had been first debarred from defending the cases as to liability. They applied to a second judge who granted relief from sanctions after new solicitors had complied with the order. The claimant challenged the right of the second judge to grant such relief after the first order, and succeeded in having the debarment re-instated. The defendants now appealed to have the relief restored, contending that the Court of Appeal had erred both in: (i) holding that the Appellants needed to establish a material change of circumstances in order to succeed on the second relief application; or, in the alternative ii) holding that the Appellants had failed to establish a material change.
Held: The appeal failed. The Court of Appeal’s reasoning had been correct. The second relief application should not have been considered on its merits. This applied under CPR 3.1(7), and in any event as a matter of ordinary principle. The later full compliance with the unless order was not of itself a material change of circumstances. The application of sanctions was effectively the court saying that it was too late to comply. Though circumstances might apply to warrant such an application, no such circumstances applied here.
Lord Neuberger, President, Lord Mance, Lord Clarke, Lord Sumption, Lord Hodge
[2015] UKSC 78, [2015] 6 Costs LR 1119, [2016] 1 WLR 76, [2015] WLR(D) 540, UKSC 2014/0071
Bailii, Bailii Summary, WLRD, SC, SC Summary
England and Wales
See Also – Thevarajah v Riordan and Others ChD 9-Aug-2013
The court was asked first whether the defendants had complied with an unless order made with respect to the disclosure of information required to be provided in aid and in order to ensure the proper release of a freezing order which had previously . .
1st Instance judgment – Thevarajah and Another v Riordan and Others ChD 21-Mar-2014
The parties disputed the arrangements for the intended acquisition by the Claimant of three properties, or more accurately of all or part of the shares in their owning companies. Following a failure to comply with ‘unless’ orders fr disclsure of . .
Appeal from – Thevarajah v Riordan and Others CA 16-Jan-2014
Defendants appealed against an order allowing the application of the first, second and fourth respondents for relief from sanction under CPR 3.9. The relief sought had previously been refused by Hildyard J, so this was the respondents’ second . .
At first Instance (No 2) – Thevarajah v Riordan and Others ChD 10-Oct-2013
The court allowed the application of the first, second and fourth respondents for relief from sanction under CPR 3.9. . .
Cited – Mitchell MP v News Group Newspapers Ltd CA 27-Nov-2013
(Practice Note) The claimant brought defamation proceedings against the defendant newspaper. His solicitors had failed to file his costs budget as required, and the claimant now appealed against an order under the new Rule 3.9, restricting very . .
Cited – Chanel Ltd v F W Woolworth and Co CA 1981
On an interlocutory application by the claimant for relief in respect of alleged infringement of trademark and passing off the defendant gave undertakings until judgment or further order. Shortly thereafter the Court of Appeal in another case upheld . .
Cited – Lloyds Investment (Scandinavia) Ltd v Ager-Hanssen ChD 15-Jul-2003
The defendant sought a variation under Part 3.1(7) of an order setting aside an earlier judgment in default of defence, on terms requiring a substantial payment into court with which the defendant, who was a litigant in person, had not complied.
Cited – Collier v Williams and others CA 25-Jan-2006
Various parties appealed refusal and grant of extensions of time for service of claim forms.
Held: The court gave detailed guidance. The three central issues were the proper construction of the rule, the question of whether the court could . .
Cited – Tibbles v SIG Plc (T/A Asphaltic Roofing Supplies) CA 26-Apr-2012
The court considered applications for relief from sanction under CPR 3.1(7).
Held: An application under CPR 3.1(7) usually requires a change of circumstances.
Considerations of finality, the undesirability of allowing litigants to have . .
Cited – Denton and Others v TH White Ltd and Others CA 4-Jul-2014
(De Laval Ltd, Part 20 defendant) (Practice Note) Several parties applied for relief from sanctions, having been refused at first instance:
Held: The court identified a three stage process. It should first calculate the seriousness and or . .
See Also – Thevarajah v Riordan and Others CA 4-Feb-2015
The court was asked whether the judge at first instance had been right to attribute an agreement which he had not made to the defendants.
Held: The defendants were liable to pay 2.205 million pounds. . .
Cited – BPP Holdings Ltd and Others v Revenue and Customs SC 26-Jul-2017
The Revenue had challenged a decision by the FTTTx to bar it from defending an appeal as to VAT liability. It had failed first to meet procedural time limits and on the issue of an unless order had failed to comply. The Revenue challenged the . .
Lists of cited by and citing cases may be incomplete.
Updated: 31 August 2022; Ref: scu.556979
Application by a husband, DE for an order requiring the wife, BE to redact a statement of hers. In it she refers to an occasion which the husband maintains was a without prejudice meeting between them
Bodey J
[2014] EWHC 2318 (Fam)
England and Wales
Updated: 31 August 2022; Ref: scu.534357
Application for relief from sanctions by several defendants.
Oliver-Jones QC HHJ
[2013] EWHC B29 (QB)
England and Wales
Updated: 31 August 2022; Ref: scu.519764
Lord Justice Richards
[2013] EWCA Civ 1624, [2014] 1 Costs LR 130, [2014] CP Rep 11, [2014] 1 WLR 4313, [2014] 2 All ER 757
England and Wales
See Also – Durrant v Chief Constable of Avon and Somerset Constabulary CA 14-Nov-2017
. .
Lists of cited by and citing cases may be incomplete.
Updated: 31 August 2022; Ref: scu.519020
The defendant firm appealed against leave given to the claimants to amend their Particulars of Claim
Lloyd, Elias, Patten LJJ
[2011] EWCA Civ 14, [2011] 1 WLR 2735
England and Wales
Cited – Smart v The Forensic Science Service Ltd CA 2-Jul-2013
On a search of his house, the police found a bullet cartridge on the claimant’s property. It was sent for testing but due to a mistake it was reported as a live cartridge. The prosecution was only dropped after some months when the mistake was . .
See Also – Swain Mason and Others v Mills and Reeve (A Firm) CA 23-Apr-2012
The claimant appealed against dismissal of his claim for professional negligence against the respondent solicitors. . .
Lists of cited by and citing cases may be incomplete.
Updated: 31 August 2022; Ref: scu.428069
The claimant contracted sporadic Creutzfeldt Jakob’s Disease disease. He executed a Lasting Power of Attorney in favour of his brother, expressing to him that he should do whatever was possible to protract his life. The brother now sought treatment accordingly, referring to an experimental treatment. He was given the treatment initially, but the hospital refused him the surgery required to replace the required pump, saying that his unchanged condition indicated that the treatment was in any event ineffective. Several doctors gave expert opinions. In the absence of evidence that any doctor would be prepared to provide the care requested, the case stood dismissed. The brother appealed.
Held: The appeal was rejected. The court asked whether the brother could properly continue as the patient’s best friend, applying rule 140(1). There was no question of anybody here interfering in the claimant’s treatment, but there was nobody prepared to offer the facility required.
Ward, Petten, Black LJJ
[2011] EWCA Civ 7
Court of Protection Rules 2007 140
England and Wales
Cited – Gawler v Raettig (Leave) CA 3-Dec-2007
Application for leave to appeal. . .
Cited – Burke, Regina (on the Application of) v General Medical Council and others (Official Solicitor and others intervening) CA 28-Jul-2005
The claimant suffered a congenital degenerative brain condition inevitably resulting in a future need to receive nutrition and hydration by artificial means. He was concerned that a decision might be taken by medical practitioners responsible for . .
Cited – Gillick v West Norfolk and Wisbech Area Health Authority and Department of Health and Social Security HL 17-Oct-1985
Lawfulness of Contraceptive advice for Girls
The claimant had young daughters. She challenged advice given to doctors by the second respondent allowing them to give contraceptive advice to girls under 16, and the right of the first defendant to act upon that advice. She objected that the . .
Cited – Regina v Secretary of State for the Home Department, Ex Parte Salem HL 3-Mar-1999
The House of Lords has the power to hear a case where the parties have in effect settled and there remains no lis at issue, but the House will not hear such an academic case where no general issue of importance is at stake, or the facts are . .
Cited – Regina v Secretary of State Home Dept ex parte Wynne HL 17-Mar-1993
A prisoner wishing to appear at court in civil proceedings needed under the Act to apply for his own production to court, and to make arrangement for payment of the costs of being produced at court.
Held: A Legislature could so provide even . .
Lists of cited by and citing cases may be incomplete.
Updated: 31 August 2022; Ref: scu.428024
Application for third party debt order.
Arnold J
[2010] EWHC 3287 (Ch)
England and Wales
See Also – Servaas Incorporated v Rafidain Bank and Others ComC 14-Dec-2010
The claimant had supplied a factory to Iraq, but remained unpaid. Assets had been frozen in the respondent Iraqi bank, and with the new government, the liquidators were to pay assets to a fund who were, in turn to discharge debts pro rata. The . .
At Administrative Court – SerVaas Incorporated v Rafidian Bank and Others SC 17-Aug-2012
The appellant had contracted to construct a factory in Iraq. On the imposition of sanctions, the respondent bank’s assets were frozen. The appellant sought to recover the sums due to it, and obtained judgment in France. After the fall of Hussain, . .
Lists of cited by and citing cases may be incomplete.
Updated: 31 August 2022; Ref: scu.427407
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.
Sullivan LJ and Silber J
[2010] EWHC 3376 (Admin), [2011] EMLR 12, [2011] 1 Cr App R 36, [2011] ACD 27, [2011] 1 WLR 1173
England and Wales
Appeal from – Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court and Another CA 25-Oct-2011
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 31 August 2022; Ref: scu.427393
The claimant boxer had secured judgement for fight fees from a company operated by the respondent manager and promoter. After the judgment the defendant had put the company into administration. The claimant now sought payment from the defendant personally, alleging dishonesty in the conduct of the claim. The defendant sought to argue that there was no issue estoppel to prevent him denying his dishonesty in this second case.
Held: The issue had been decided in the earlier case. The claimant should be allowed to amend his pleadings as requested.
Jack J
[2010] EWHC 71 (QB)
Cited – Carl Zeiss Stiftung v Rayner and Keeler Ltd (No 2) HL 1966
An agency had to be proved in a search to identify an entity which the law recognised (a) existed and (b) was legally responsible for the acts in issue in the proceedings. The House was asked whether the fact that an issue had already been . .
Cited – Hunter v Chief Constable of the West Midlands Police HL 19-Nov-1981
No collateral attack on Jury findigs.
An attempt was made to open up in a civil action, allegations of assaults by the police prior to the making of confessions which had been disposed of in a voir dire in the course of a criminal trial. The plaintiffs had imprisoned having spent many . .
Cited – OJSC Oil Company Yugraneft v Abramovich and others ComC 29-Oct-2008
The claimants sought damages alleging a massive fraud by the defendants. The court considered whether the parties could receive a fair trial of the action in Russia.
Held: They could. Christopher Clarke J said: ‘Firstly, this case is in no way . .
Cited – In re Queens Moat Houses Plc; Secretary of State for Trade and Industry v Bairstow, Hersey, Marcus, Porter ChD 19-Jul-2004
Mr Bairstow had been found guilty of grave misconduct and neglect of his duties in wrongful dismissal proceedings which he brought against a company of which he had been the managing director. The Secretary of State now sought an order against him . .
Cited – In re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .
Cited – The Secretary of State for Trade and Industry v Bairstow CA 11-Mar-2003
The Secretary of State attempted, in the course of director’s disqualification proceedings, to rely upon findings made against Mr Bairstow in an earlier wrongful dismissal action to which he had been a party but the Secretary of State not. The . .
Cited – Johnson v Gore Wood and Co HL 14-Dec-2000
Shareholder May Sue for Additional Personal Losses
A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter.
Held: It need not be an abuse of the court for a shareholder . .
Lists of cited by and citing cases may be incomplete.
Updated: 31 August 2022; Ref: scu.427294
The former bank in Kazakhstan had been nationalised to prevent its liquidation, and now sought recovery of sums said to have been taken by its former chairman: ‘The Court has to determine three applications. The first is an application by the Bank for the appointment of a receiver over Mr. Ablyazov’s assets in support of the Freezing Order (‘the receivership application’). The second is an application by Mr. Ablyazov for clarification as to the ambit of the Angel Bell liberty to deal with assets in the ordinary course of business (‘the clarification application’). The third is an application by Mr. Ablyazov for the return of his passport (‘the passport application’).’
Teare J
[2010] EWHC 1779 (Comm)
England and Wales
See Also – JSC BTA Bank v Ablyazov and Others CA 27-Oct-2009
Appeal against disclosure orders made in support of freezing order. . .
See Also – JSC BTA Bank v Ablyazov and Others CA 27-Oct-2009
The court considered a Defendant’s appeal asking whether section 13 of the 2006 Act removed the privilege against self-incrimination in respect of an offence under section 328 of the 2002 Act. The defendant contended that were it to comply with the . .
See Also – JSC BTA Bank v Ablyazov and Others ComC 12-Nov-2009
The claimant sought continuation of a freezing order in a claim brought against senior officers of the company. . .
See Also – JSC BTA Bank v Ablyazov and Others (Rev 1) ComC 11-Dec-2009
Applications to correct suggested error in earlier order for stay. . .
See Also – JSC BTA Bank v Ablyazov and Others ComC 28-Jan-2010
The claimant sought a order that information released to it under court order could be used for additional purposes beyond those allowed. . .
See Also – JSC BTA Bank v Ablyazov and Others ComC 17-Mar-2010
Application by Claimant to set aside an order obtained ex parte so as to ensure that the hearing of an application issued by the Claimant for a receiver to be appointed in respect of the First Defendant’s assets be in private, that the public should . .
See Also – JSC BTA Bank v Ablyazov and Others QBD 24-Aug-2010
When considering a strike out application, the judge should consider ‘the effect of making, or not making, the order sought on the overall fairness of the proceedings and the wider interests of justice as reflected in the overriding objective’. . .
See Also – JSC BTA Bank v Ablyazov and Others (Rev 1) ComC 24-Aug-2010
Application for an ‘unless’ order debarring the respondents from defending and entitling the claimant to enter judgment unless certain information and documents were provided. . .
See Also – JSC BTA Bank v A CA 19-Oct-2010
The court heard an appeal in private, against the order of Teare J imposing a receivership on the assets of Mr A pending the trial of claims made against him for misappropriations allegedly made by him while he was chairman of the claimant bank in . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 August 2022; Ref: scu.427218
Laws, Hooper, Rimer LJJ
[2010] EWCA Civ 1416
England and Wales
At EAT – United States of America v Nolan EAT 15-May-2009
EAT REDUNDANCY: Collective consultation and information / Protective award
An Employment Tribunal held that the USA was in breach of Section 188 of the Trade Union and Labour Relations (Consolidation) Act . .
See Also – United States of America v Nolan CA 9-Nov-2010
The claimant had sought a protective award under the 1992. She had been a civilian employee at a base operated by the appellant which it closed. She sought to sue as an employee representative, saying that the appellant had failed to consult its . .
At ECJ – United States of America v Nolan ECJ 18-Oct-2012
Reference for a preliminary ruling – Directive 98/59/EC – Protection of workers – Collective redundancies – Scope – Closure of an American military base – Information and consultation of workers – Time at which the consultation obligation arises – . .
At CA – The United States of America v Nolan SC 21-Oct-2015
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed.
Lists of cited by and citing cases may be incomplete.
Updated: 29 August 2022; Ref: scu.427206
The respondent having successfully defended the claim by the Revenue, now sought its costs on an indemnity basis having made a Part 36 offer. The Revenue responded that Part 36 did not apply to such claims.
Carnwath , Moses LJJ
[2010] EWCA Civ 1448, [2011] STC 547, [2011] BVC 30, [2011] STI 129
England and Wales
Updated: 29 August 2022; Ref: scu.427213
[1795] EngR 1077, (1795) 1 Salk 286, (1795) 91 ER 253 (B)
England and Wales
Updated: 29 August 2022; Ref: scu.353422
Renewed application by the claimant for permission to appeal.
Tuckey LJ
[2006] EWCA Civ 1051
England and Wales
Updated: 29 August 2022; Ref: scu.244469
[2006] EWCA Civ 1167
England and Wales
See Also – McLoughlin v Jones; McLoughlin v Grovers (a Firm) CA 2002
In deciding whether a duty of care is established the court must go to the ‘battery of tests which the House of Lords has taught us to use’, namely: ‘. . the ‘purpose’ test (Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd); the ‘assumption . .
Cited – Northgate HR Ltd v Mercy CA 13-Dec-2007
The claimant alleged that his selection for redundancy was unfair, the company having failed properly to consult its own employee consultation council and in having failed to disclose its scoring system. The company said that any such complaint . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 August 2022; Ref: scu.244471
Applications between consortium members as to management of apartment block.
Lawrence Collins LJ said: ‘ . . an appellate court should not interfere with case management decisions by a judge who has applied the correct principles and who has taken into account matters which should be taken into account and left out of account matters which are irrelevant, unless the court is satisfied that the decision is so plainly wrong that it must be regarded as outside the generous ambit of the discretion entrusted to the judge.’
Lawrence Collins LJ
[2008] EWCA Civ 427
England and Wales
Appeal from – Walbrook Trustees (Jersey) Ltd and others v Fattal and others ChD 29-Nov-2007
. .
See Also – Walbrook Trustees (Jersey) Ltd and others v Fattal and others ChD 7-May-2008
Further case management in substantial case after additional pleadings. . .
See Also – Walbrook Trustees (Jersey) Ltd and Others v Fattal and Others CA 8-Apr-2009
The parties had been involved in serial disputes regarding the management of leasehold apartments. It was now objected that the current case was an abuse of process.
Held: The appeal against the stay succeeded. The new case had been flagged up . .
Cited – Allen v Cornwall Council QBD 20-May-2015
The claimant was injured riding his bicycle, and alleged failure by the respondent highway authority. The court now considered an application for leave to appeal against an order allowing the production of evidence of an expert in cycling skills and . .
Cited – BPP Holdings Ltd and Others v Revenue and Customs SC 26-Jul-2017
The Revenue had challenged a decision by the FTTTx to bar it from defending an appeal as to VAT liability. It had failed first to meet procedural time limits and on the issue of an unless order had failed to comply. The Revenue challenged the . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 August 2022; Ref: scu.267356
Interim injunctions had been obtained to prevent the defendants carrying out certain banking transactions.
Held: The remedy sought and the claim was extravagant and unlikely to succeed. The injunctions should be discharged. It was not at all clear that the information sought to be protected was confidential according to the evidence, and an injunction was not required to protect documentation pending any trial.
Stanley Burnton J
[2004] EWHC 2208 (QB)
England and Wales
Cited – Suhner and Co AG v Transradio Ltd 1967
The claimants complained at the defendant having registered a company under the name ‘Suhner’. The defendants gave no justification for using the word ‘Suhner’ as part of their name. They claimed that they had the right to form a company in order to . .
Cited – Siskina (owners of Cargo lately on Board) v Distos Compania Naviera SA HL 1979
An injunction was sought against a Panamanian ship-owning company to restrain it from disposing of a fund, consisting of insurance proceeds, in England. The claimant for the injunction was suing the company in a Cyprus court for damages and believed . .
Cited – PA Thomas and Co v Mould QBD 1968
The court urged caution in the grant of an injunction to protect information for which confidence was claimed but where that claim might not succeed. O’Connor J refused to enforce by committal an injunction restraining the defendants from making use . .
Cited – John Zink and Co Limited v Wilkinson CA 1973
Where a party alleged breach of confidence, the pleadings should be sufficiently particular to allow a defendant to know the particular allegations he faced. . .
See Also – Marketmaker Technology Ltd and others v CMC Group Plc and others QBD 12-Jun-2008
(Order discharged on appeal) . .
See Also – Marketmaker Technology (Beijing) Co Ltd and Others v CMC Group Plc and Others QBD 24-Jun-2009
The claimants sought the committal of the fourth defendant for contempt having broken his undertaking to the court to provide details of his means.
Held: The terms of the undertaking were not ambiguous and could not be read in the way . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 August 2022; Ref: scu.215941
Application for Civil proceedings order
Henriques Mr Justice Henriques Lord Justice Dyson
[2004] EWHC 1952 (Admin)
England and Wales
Updated: 29 August 2022; Ref: scu.200306
It was wrong for a court to make a finding of no case to answer in a medical negligence case where there was conflicting medical evidence. The claimant was a foreign national acting in person. The court had failed to acknowledge the conflict in the medical evidence, and he should himself survey that evidence before considering such a finding.
Ward LJ, Wilson J
Times 22-Jan-2004, [2003] EWCA Civ 1852
England and Wales
Updated: 29 August 2022; Ref: scu.193679
The Honourable Mr Justice Eady
[2004] EWHC 190 (QB), [2004] 1 WLR 2106, [2004] 2 All ER 455
England and Wales
Updated: 29 August 2022; Ref: scu.193414
Application by the Defendant for an extension of time for compliance with an ‘Unless’ Order and for relief from sanctions.
[2016] EWHC 3011 (QB)
England and Wales
Updated: 29 August 2022; Ref: scu.571912
There had been care proceedings as to C. The mother was treated by a psychiatrist, X, and an associate Y. They also prepared expert reports. M formally complained about X, and the charges having been dismissed, the doctors now sought disclosure of further medical recods from the care proceedings. His medical reputation had been severely damaged by reporting of the complaints.
Sir James Munby P FD
[2015] EWFC 79
England and Wales
Cited – Tournier v National Provincial and Union Bank of England CA 1924
The court considered the duty of confidentiality owed by a banker to his client. Bankes LJ said: ‘At the present day I think it may be asserted with confidence that the duty is a legal one arising out of contract, and that the duty is not absolute . .
Cited – W v Egdell CA 9-Nov-1989
The plaintiff had been confined to a mental hospital after killing several people by shooting. He complained that when he was to be considered for release, his psychiatrist, the defendant had broken his duty of confidence by revealing his concerns . .
Cited – London Borough of Lewisham v D and Others (Local Authority Disclosure of DNA Samples to Police) FD 17-Feb-2010
Care proceedings had been commenced with regard to four children. There were disputes as to who were either mother or father. DNA samples were ordered from all parties . .
Cited – MS v Sweden ECHR 27-Aug-1997
Hudoc Sweden – communication, without the patient’s consent, of personal and confidential medical data by one public authority to another and lack of possibility for patient, prior to the measure, to challenge it . .
Cited – A Health Authority v Dr X and Others CA 21-Dec-2001
Where, after a children case has been heard, a party wishes to apply for the release of papers, the application should be made before the judge who had heard the case. To do otherwise left the second judge making a difficult assessment with . .
Cited – Marper v United Kingdom; S v United Kingdom ECHR 4-Dec-2008
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database.
Held: . .
Cited – N (A Child), Re; A v G (Family Proceedings: Disclosure) FD 8-Jul-2009
Application in respect of the proposed disclosure to the General Medical Council (GMC) of an expert report produced in the course of and for the purposes of proceedings in relation to a child. . .
Cited – Z v Finland ECHR 25-Feb-1997
A defendant had appealed against his conviction for manslaughter and related offences by deliberately subjecting women to the risk of being infected by him with HIV virus. The applicant, Z, had been married to the defendant, and infected by him with . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 August 2022; Ref: scu.552792
The court was asked as to the construction about the meaning of the words ‘his assets’ as they appear in the standard form of freezing order set out in Appendix 5 to the current edition of the Commercial Court Guide. In short, that issue is whether those words include assets which the respondent to the order holds as a trustee or nominee for a third party. If that is the correct construction of the order it means that subsequent amendments to the published forms of freezing order have considerably enlarged the scope of the injunction following the decision of this court in Federal Bank of the Middle East v Hadkinson [2000] 1 WLR 1695 that the expression ‘his assets and/or funds’ in the standard form of freezing order appended to CPR 25 PD did not include assets which, though held in the name of the respondent, were owned beneficially by someone else.
Longmore, Aikens, Patten LJJ
[2010] EWCA Civ 1436, [2010] 2 CLC 925, [2011] 1 P and CR DG21, [2011] 1 WLR 888
England and Wales
Cited – JSC BTA Bank v Ablyazov SC 21-Oct-2015
The court was asked as to the interpretation and application of the standard form freezing order. In the course of long-running litigation between JSC BTA Bank and Mr Ablyazov the Bank had obtained a number of judgments against the respondent . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 August 2022; Ref: scu.427176
Application to continue or discharge asset freezing order.
[2005] EWHC 1768 (Ch), [2006] WTLR 239
England and Wales
Updated: 28 August 2022; Ref: scu.426911
Appeal against refusal to set aside judgment in default.
Ward, Moore-Bick, Etherton LLJ
[2010] EWCA Civ 1400
England and Wales
Updated: 28 August 2022; Ref: scu.426905
Sedley LJ considered the position faced by an appellate court on a complaint of unfairness by a lower court, saying: ‘We would add that the question whether a procedural decision was fair does not involve a premise that in any given forensic situation only one outcome is ever fair. Without reverting to the notion of a broad discretionary highway one can recognise that there may be more than one genuinely fair solution to a difficulty. As Lord Widgery CJ indicated in Bullen, it is where it can say with confidence that the course taken was not fair that an appellate or reviewing court should intervene. Put another way, the question is whether the decision was a fair one, not whether it was ‘the’ fair one.’
Mummery, Sedley LJJ
[2010] EWCA Civ 1345
England and Wales
Cited – Ogunbiyi, Regina (on The Application of) v Southend County Court and Another Admn 19-Mar-2015
Application for judicial review of a decision of a Circuit Judge at the County Court, (a) refusing permission to appeal again the judgment of a Deputy District Judge following a trial of the claim for damages again the claimant under a hire purchase . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 August 2022; Ref: scu.426707
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 civil proceedings or made vexatious applications whether in the High Court or any inferior court and whether against the same person or against different persons.
‘I am satisfied on the facts adduced in evidence before us that Mr Barker has instituted vexatious civil proceedings. ‘Vexatious’ is a familiar term in legal parlance. The hallmark of a vexatious proceeding is in my judgment that it has little or no basis in law (or at least no discernible basis); that whatever the intention of the proceeding may be, its effect is to subject the defendant to inconvenience, harassment and expense out of all proportion to any gain likely to accrue to the claimant; and that it involves an abuse of the process of the court, meaning by that a use of the court process for a purpose or in a way which is significantly different from the ordinary and proper use of the court process.’
However, these proceedings appeared to have brought a reality to the defendant, and the court vbeing satisfied that no further proceedings were in view, declined the request to make an order.
Lord Bingham of Cornhill LCJ, Klevan J
[2000] EWHC 453 (Admin), [2000] 2 FCR 1, [2000] Fam Law 400, [2000] 1 FLR 759
Cited – Attorney-General v Covey; Attorney-General v Matthews CA 19-Feb-2001
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 August 2022; Ref: scu.426517
civil proceedings order
Mr Justice Henriques Lord Justice Dyson
[2004] EWHC 1943 (Admin)
England and Wales
Updated: 27 August 2022; Ref: scu.200308
[2002] EWCA Civ 910
England and Wales
See Also – Sayers v Clarke Walker (A Firm) CA 10-Jul-2002
. .
See Also – Sayers v Clarke Walker (A firm) CA 14-May-2002
In a case of any complexity, when an appeal court considered an application for leave to appeal which was filed out of time, it should have in mind the matters listed in the rules. It was not appropriate to use judge made checklists where one was . .
Mentioned – Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd CA 26-Jan-1994
Guidance for Wasted Costs Orders
Guidance was given on the circumstances required for the making of wasted costs orders against legal advisers. A judge invited to make an order arising out of an advocate’s conduct of court proceedings must make full allowance for the fact that an . .
See Also – Sayers v Clarke Walker (A Firm) CA 10-Jul-2002
. .
See Also – Sayers v Clarke Walker (A firm) CA 14-May-2002
In a case of any complexity, when an appeal court considered an application for leave to appeal which was filed out of time, it should have in mind the matters listed in the rules. It was not appropriate to use judge made checklists where one was . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 August 2022; Ref: scu.175159
Mr Justice Nugee
[2019] EWHC 2697 (Ch)
England and Wales
Updated: 27 August 2022; Ref: scu.642637
The appeal raises the following interesting and difficult question: On an application for retrospective validation of what is now accepted to be the defective service of a claim form, and where any new claim would now be statute-barred, is it appropriate for the court to allow a respondent to take advantage of an honest mistake on the part of his opponent giving rise to the defective service, or does the furtherance of the overriding objective of the Civil Procedure Rules, or the court’s reluctance to allow a party to play technical games in respect of service, require the respondent to alert his opponent to the mistake where to do so would be contrary to the respondent’s substantive interests in the litigation?
[2018] EWHC 2152 (Ch)
England and Wales
Updated: 27 August 2022; Ref: scu.625489
‘application by the Defendant for relief from sanctions. He failed to comply with an ‘unless’ order to serve and file with the court a re-pleaded Counterclaim by 4 pm on 20 March 2015. Whilst it appears that an amended Defence and Counterclaim was served just in time on the Claimant, owing to an error in typing an email address it was not filed with the court until a few days later.’
Edwards-Stuart J
[2015] EWHC 1117 (TCC)
England and Wales
Updated: 27 August 2022; Ref: scu.546190
The defendant said that the claim against him had not been properly served and now sought to have it set aside.
[2014] EWHC B1 (Ch)
England and Wales
Updated: 27 August 2022; Ref: scu.519657
The defendants applied for directors’ disqualification proceedings for the claim to be struck out or dismissed on the ground that the respondent had breached their rights to a fair trial under Article 6 of the European Convention on Human Rights and/or breached his duty to act fairly, in that they had failed to disclose material of assistance to the directors, and had allowed a bank have the run of the prosecution.
Held: The application failed. Though the consequences of a disqualification are serious, such proceedings were not criminal in nature, and the duties of the Secretary of State did not extend to supervision of the investigation, and nor to create a duty as to the collection of evidence, but only as to the disclosure of what had been assembled. The court suggested other possible remedies for a director who felt he had been treated unfairly. In this case the relevant documents had been disclosed, even if only tardily. The other complaints were matters capable of being dealt with by the judge on the hearing of the disqualification application, and went as to the strength of the case, not as to abuse. As to the obtaining of documentation: ‘section 7(4) may not entitle the Secretary of State to insist on the production of much, if anything, that a defendant could not have sought by means of an application for non-party disclosure.’
Newey J
[2010] EWHC 2518 (Ch), [2011] Bus LR 457
Company Directors Disqualification Act 1986 7(4) 16, European Convention on Human Rights 6
England and Wales
Cited – Regina v Hennessey (Timothy) CACD 1978
The court considered the obligations of the prosecution on disclosure. The courts must: ‘keep in mind that those who prepare and conduct prosecutions owe a duty to the courts to ensure that all relevant evidence of help to an accused is either led . .
Cited – Sinclair v Her Majesty’s Advocate PC 11-May-2005
(Devolution) The defendant complained that the prosecutor had failed to disclose all the witness statements taken, which hid inconsistencies in their versions of events.
Held: The appeal was allowed. It was fundamental to a fair trial that the . .
Cited – Jespers v Belgium ECHR 1981
ECHR (Commission) Article 6, paragraph I of the Convention
(a) A virulent press campaign can, in certain circumstances, adversely affect the fairness of a trial and involve the State’s responsibility, . .
Cited – In re Sevenoaks Stationers (Retail) Ltd CA 1990
The court gave guidelines for the periods of disqualification to be applied for company directors under the Act. The maximum period of ten years should be reserved for only the most serious of cases. Periods of two to five years should apply to . .
Cited – Regina v Ward (Judith) CACD 15-Jul-1992
The defendant had been wrongly convicted of IRA bombings. She said that the prosecution had failed to disclose evidence.
Held: The prosecution’s forensic scientists are under a common law duty to disclose to the defence anything they may . .
Cited – Edwards v The United Kingdom ECHR 16-Dec-1992
The fact that the elderly victim of the robbery of which the defendant had been convicted had failed to pick out Mr Edwards when she was shown two volumes of photographs of possible burglars which included his photograph was not disclosed to the . .
Cited – Re Walter L Jacob Ltd CA 1989
Having authorised an enquiry under section 447, the Secretary of State presented a winding-up petition of the respondent, an authorised dealer in securities. The company had been obliged to cease trade by its regulatory body. The judge held that the . .
Cited – Dombo Beheer BV v The Netherlands ECHR 27-Oct-1993
‘under the principle of equality of arms, as one of the features of the wider concept of a fair trial, each party must be afforded a reasonable opportunity to present his case under conditions that do not place him at a disadvantage vis-a-vis his . .
Cited – Re Moonlight Foods Ltd , Secretary of State for Trade and Industry v Hickling 1996
The Secretary of State, when presenting an application for the disqualification of a company director is obliged to present a balanced picture. ‘It is accepted that these are not ordinary adversarial proceedings but have an element of public . .
Cited – British Broadcasting Corporation v United Kingdom ECHR 18-Jan-1996
(Commission – Admissibility) The Corporation complained that it had been served with a witness summons obliging it to to hand over materials in its possession, both broadcast and not-broadacst being coverage of a riot. . .
Cited – Arrow Nominees Inc and Another v Blackledge and Others CA 22-Jun-2000
A petition had been lodged alleging unfair prejudice in the conduct of the company’s affairs. The defendants alleged that when applying for relief under section 459, the claimants had attempted to pervert the course of justice by producing forged or . .
Cited – Re Finelist Limited ChD 2004
Laddie J discussed the seriousness of the consequences of a director’s disqualification, saying: ‘It is the seriousness of these consequences and the fact that such orders are sought by the [Secretary of State] on behalf of the public which should . .
Cited – Official Receiver v Stern and Another CA 20-Nov-2001
The director appealed against a 12 year disqualification. The basis of the disqualification was unlawful trading to the detriment of creditors, and taking excess drawings. . .
Cited – Cathie and Another v Secretary of State for Business, Innovation and Skills CA 1-Jun-2012
The directors appealed against disqualification orders made against them under the 1986 Act. Their company had become insolvent, owing substantial arrears of PAYE and NI contributions. The revenue had said that they had paid other creditors first. . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 August 2022; Ref: scu.425967
The defendant sought the discharge of a super-injunction, an order against not only the identification of the parties, but also the existence of the proceedings.
Held: The order preventing publication of the underlying allegations remained, but the order was lifted to remove the limitation on identification of the parties, and the existence of the proceedings. The defendant had proposed to make public details of her relationship with the claimant member of a boy band.
Maurice Kay LJ said that when deciding whether, and if so to what extent, to impose reporting restrictions in relation to legal proceedings, ‘as part of its consideration of all the circumstances of a case, a court will have regard to the respective and sometimes competing Convention rights of the parties.’ He went on to say: ‘This is an essentially case-sensitive subject. Plainly [the claimant] is entitled to expect that the court will adopt procedures which ensure that any ultimate vindication of his Article 8 case is not undermined by the way in which the court has processed the interim applications and the trial itself. On the other hand, the principle of open justice requires that any restrictions are the least that can be imposed consistent with the protection to which [the claimant] is entitled.’
Neuberger MR, Maurice Kay VP, Seldley LLJ
[2010] EWCA Civ 1276, [2011] 1 WLR 294, [2011] CP Rep 13, [2011] EMLR 10
England and Wales
Cited – Campbell v Mirror Group Newspapers Ltd (MGN) (No 1) HL 6-May-2004
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story . .
Cited – In re S (a Child) (Identification: Restrictions on Publication) HL 28-Oct-2004
Inherent High Court power may restrain Publicity
The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to . .
Cited – JIH v News Group Newspapers Ltd CA 31-Jan-2011
Principles on Request for Anonymity Order
The defendant appealed against an order granting the anonymisation of the proceeedings.
Held: The critical question is whether there is sufficient general public interest in publishing a report of proceedings which identifies a party by name, . .
Cited – Goldsmith and Another v BCD QBD 22-Mar-2011
The claimants sought damages, alleging that the defendants had hacked into their e-mail accounts. The defendant now sought protection of her identity through anonymisation of the case.
Held: Granted. . .
Cited – CTB v News Group Newspapers Ltd and Another (1) QBD 16-May-2011
A leading footballer had obtained an injunction restraining the defendants from publishing his identity and allegations of sexual misconduct. The claimant said that she had demanded money not to go public.
Held: It had not been suggested that . .
Cited – Goodwin v NGN Ltd and VBN QBD 9-Jun-2011
The claimant had obtained an injunction preventing publication of his name and that of his coworker with whom he had had an affair. After widespread publication of his name elsewhere, the defendant had secured the discharge of the order as regards . .
Cited – McClaren v News Group Newspapers Ltd QBD 5-Sep-2012
The claimant had obtained an interim injunction to restrain the defendant publishing what he said was private information about a sexual encounter. He also sought an injunction under the 1997 Act.
Held: The claim succeeded: ‘there have been . .
Cited – NNN v Ryan and Others QBD 20-Mar-2013
The Court gave its reasons for requiring the delivery up of materials said to be confidential and making an order for anonymity, finding that the claimant had been blackmailed. . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 August 2022; Ref: scu.425955
The court was asked whether the case should be transferred from the Patents County Court to the High Court Patents Court.
Birss HHJ identified the relevant factors: ‘the points to consider are:-
i) the financial position of the parties (s289(2) 1988 Act). This includes but is not limited to considering whether a party can only afford to bring or defend the claim in a patents county court (para 9.1(1) Practice Direction 30). This factor is closely related to access to justice. The Patents County Court was set up to assist small and medium sized enterprises in enforcing and litigating intellectual property disputes. Guidance on the nature of these enterprises can be found from the Commission Recommendation 2003/361/EC.
ii) whether the claim is appropriate to be determined by a patents county court. This involves considering:
a) the value of the claim, including the value of an injunction and the amount in dispute. (Para 9.1(2)(a) Practice Direction 30 and CPR 30.3(a)) ,br />b) the complexity of the issues (para 9.1(2)(b) Practice Direction 30 and CPR 30.3(d))
c) the estimated length of the trial. (Para 9.1(2)(c) Practice Direction 30). Related to this is CPR 30.3(b) – whether it would be more convenient or fair for hearings (including the trial) to be held in some other court.
iii) the importance of the outcome of the claim to the public in general (CPR 30.3(e)) albeit that a case raising an important question of fact or law need not necessarily be transferred to the Patents Court (s289(2) 1988 Act).
A factor which does not play a role is the one in CPR Pt 30.3(c) (availability of a judge specialising in the type of claim in question) since specialist judges are available in both courts.
Once those factors are considered I must bear in mind what sort of cases the Patents County Court was established to handle and that its role is to provide cheaper, speedier and more informal procedures to ensure that small and medium sized enterprises, and private individuals, were not deterred from innovation by the potential cost of litigation to safeguard their rights. The decision turns on what the interests of justice require, taking into account both parties interests and interests of other litigants.’
Birss QC HHJ
[2010] EWPCC 14, [2011] FSR 13
County Courts Act 1984 42, Copyright Designs and Patents Act 1988 289(2)
England and Wales
Explained – Comic Enterprises Ltd v Twentieth Century Fox Film Corp PCC 22-Mar-2012
Birss QC HHJ explained his comments in ALK-Abello regarding the criteria for transerring a case to Chancery Division: ’21. This case is one in which access to justice for SMEs is raised squarely. It is the key element of Miss McFarland’s submissions . .
Cited – 77 Ltd v Ordnance Survey Ltd and Others IPEC 15-Jun-2017
The court heard an application to transfer the case to the Chancery Division.
Held: Given the different levels of resources available to the parties, a transfer was refused. . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 August 2022; Ref: scu.425825
The court gave orders confirming effective service of proceedings on the defendants and that the named defendant was no longer a party to the proceedings.
David Cooke J
[2010] EWHC 2720 (Ch)
England and Wales
Updated: 26 August 2022; Ref: scu.425782
The defendant bank sought security for costs from the claimant, a former customer, saying he was resident in Turkey.
Hamblen J
[2010] EWHC 2625 (Comm), [2010] 2 CLC 661
England and Wales
Updated: 26 August 2022; Ref: scu.425787
[1863] EngR 510, (1863) 3 B and S 932, (1863) 122 ER 349
England and Wales
Updated: 26 August 2022; Ref: scu.283165
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 had made a will, without a solicitor, leaving all to his step children through his former wife. The claimant said this was either fraud or undue influence.
Held: The appeal succeeded. The claimant’s right to make a claim under the 1975 Act gave her a sufficient interest. Under the Civil Procedure Rules as opposed to under the Probate jurisdiction, the answer would be clear.
Mackie QC J
[2007] EWHC 788 (Ch), Times 02-May-2007
Civil Procedure Rules 57.7, Inheritance (Provision for Family and Dependants) Act 1975, Supreme Court Act 1981 121(1)
England and Wales
Cited – Kipping and Barlow v Ash 1845
. .
Cited – Hingeston v Tucker 1862
. .
Lists of cited by and citing cases may be incomplete.
Updated: 26 August 2022; Ref: scu.251168
At the end of the claimant’s case the defendant wished to submit that there was no case for her to answer. The judge then put the defendant to an election as to whether or not she would call any evidence. She appealed.
Held: It is not appropriate for a judge to apply the test of whether the claimant had any reasonable prospect of establishing liability of the part of the defendant, without first putting the defendant to an election. Having put her to the election it was wrong thereafter to seek to apply that test. A submission of no case to answer might be heard without requiring an election, but this could only be done with extreme caution. Having once heard a submission without an election, if the court rejected the submission, it must then hear the defendant’s case. After an election, the issue was not whether the claimant had any reasonable prospect of success, but, having heard the evidence which was to be called, whether in fact the claim was or was not made out. ‘considerable caution is necessary before a judge entertains such a submission [of no case to answer] or undertakes such a determination, without requiring an election [by the defendant not to call evidence]. The trial is now in progress, and although the test (no real prospect) differs from that applicable after hearing all possible evidence (balance of probability) caution is dictated. . . The submission interrupts the ordinary trial process, and it is not desirable that, during that process, the judge of fact should be put in a position where he may find himself having to express first an initial view on the basis of taking the claimant’s evidence alone and then (if he allows the claim to proceed) a further final view after taking into account further evidence, even though he does so by reference to different tests.’
Lord Justice Simon Brown, Lord Justice Latham, Lord Justice Mance
Times 06-Sep-2002, [2002] EWCA Civ 1100, [2002] All ER (D) 452
England and Wales
Cited – Boyce v Wyatt Engineering and Others CA 1-May-2001
The discretion of a judge to deal with a case at the close of the claimant’s case, and without putting the defendants to their respective election was only to be exercised with the greatest caution. There was a risk that, if the claimant appealed . .
Cited – Bentley v Jones Harris and Co CA 1-May-2001
The judge below acceded to a submission of no case to answer without putting the defendant to his election.
Held: ‘At the time of this trial it was, it seems, common ground between counsel for both parties and the judge that under the CPR . .
Cited – Alexander v Rayson CA 1936
The action was for arrears of rent. The evidence at trial was that the plaintiff granted a lease to the defendant at a rent of pounds 1200 and contracted that certain services in connection with the flat would be performed. The plaintiff sent the . .
Cited – The Royal Brompton Hospital National Health Service Trust v Hammond and Others (No 5) CA 11-Apr-2001
When looking at an application to strike out a claim, the normal ‘balance of probabilities’ standard of proof did not apply. It was the court’s task to assess whether, even if supplemented by evidence at trial, the claimant’s claim was bound to fail . .
Cited – Logan v Commissioners of Customs and Excise CA 23-Jul-2003
The respondent had at the close of the claimant’s case submitted that it had no case to answer. The tribunal agreed and discharged the claim without hearing from the respondent. The employer appealed the EAT’s decision to allow her appeal.
Cited – Benham Limited v Kythira Investments Ltd and Another CA 15-Dec-2003
The appellant complained that the judge had accepted a case of no case to answer before the close of the claimant’s case and without putting them to their election. The claimant estate agents sought payment of their account. The defendants alleged a . .
Cited – Neina Graham v Chorley Borough Council CA 21-Feb-2006
The defendant had submitted after the close of the claimant’s case that it had no case to answer. The judge did not put the defendant to its election as to whether to call evidence, but instead decided to accede to the submission. The claimant now . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 August 2022; Ref: scu.174437
Mr Justice Michael Green
[2020] EWHC 3607 (Ch)
England and Wales
Updated: 26 August 2022; Ref: scu.657809
Case management decisions
[2019] EWHC 1257 (Comm)
England and Wales
Updated: 26 August 2022; Ref: scu.642037
[2019] EWHC 2331 (Ch)
England and Wales
Updated: 26 August 2022; Ref: scu.640889
Appeal from an Order refusing the Defendants’ applications for an extension of time for filing a Defence and for relief from sanction.
Lambert J
[2019] EWHC 2297 (QB)
England and Wales
Updated: 26 August 2022; Ref: scu.642116
Swift J
[2019] EWHC 2409 (QB)
England and Wales
Updated: 26 August 2022; Ref: scu.642132
Appeal from refusal to set aside statutory demand. Redaction of documents supporting application.
Mr Justice Mann
[2019] EWHC 2410 (Ch)
England and Wales
Updated: 26 August 2022; Ref: scu.641412
Application to strike out passages from witness statements.
Edwards-Stuart J
[2010] EWHC 2449 (QB)
England and Wales
See Also – Lawrence and Another v Fen Tigers Ltd and Others QBD 18-Oct-2010
The court made orders to assist the future management of the case. . .
See Also – Lawrence and Another v Fen Tigers Ltd and Others QBD 4-Mar-2011
The claimants had complained that motor-cycle and other racing activities on neighbouring lands were a noise nuisance, but the court also considered that agents of the defendants had sought to intimidate the claimants into not pursuing their action. . .
See Also – Lawrence and Another v Fen Tigers Ltd and Others CA 2012
Jackson LJ set out the way in which planning consents would affect whether actions amounted to a nuisance: ‘I would summarise the law which is relevant to the first ground of appeal in four propositions. (i) A planning authority by the grant of . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 August 2022; Ref: scu.425661
The court considered an appeal against an order allowing an amendment outside the limitation period which would
Lloyd, Wilson, Gross LJJ
[2010] EWCA Civ 1153, [2011] Bus LR 504, [2011] BPIR 158, [2011] 1 WLR 1364
Civil Procedure Rules 19.5, Limitation Act 1980 35
England and Wales
Cited – Kent and Others (Liquidators of La Banque Ville-Marie) v La Communautu Des Soeurs De Charitu De La Providence and Others PC 20-Mar-1903
(Quebec) The liquidators of a bank had sued on a cause of action vested in the bank. The Canadian courts had refused leave to amend to add the bank as a plaintiff on appeal.
Held: The liquidators’ appeal succeeded. There was power to amend to . .
Cited – Parkinson Engineering Services Plc v Swan and Another CA 21-Dec-2009
The court considered the scope of the court’s power to permit an amendment as regards parties outside a limitation period. The amendment in this instance was to substitute one claimant in place of another, namely the liquidator of a company instead . .
Cited – Nemeti and Others v Sabre Insurance Co Ltd CA 3-Dec-2013
The court considered the power of courts to allow substitution of a new party after the expiration of the limitation period. . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 August 2022; Ref: scu.425552
Very elderly parents lived with their adult son. Though they had full capacity, the authority feared that their son had been violent towards them, and sought the assistance of the court.
Sir Nicholas Wall P
[2010] EWHC 2675 (Fam)
Cited – Harbin v Masterman CA 1896
Senior counsel for the unsuccessful appellant asked the Court to note that the five residuary legatees, respondents in the appeal, appeared by four different sets of counsel. He did not, expressly, ask for any particular costs order. Lindley LJ . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 August 2022; Ref: scu.425500
A claimant sought an order for disclosure of documents by a third party bank, SCB. The company wished to allege that former directors had misappropriated a business opportunity for their own private purposes.
Morgan J
[2010] EWHC 2647 (Ch)
England and Wales
Updated: 25 August 2022; Ref: scu.425383
The court heard an application for the discharge of an asset freezing order made in the course of ancillary relief proceedings.
Held: H should have acceded to the open offer made by W for the value to be reduced. His applications failed and the order was varied as offered by W with costs accordingly.
Sir Nicholas Wall P
[2010] EWHC 2392 (Fam)
England and Wales
Updated: 25 August 2022; Ref: scu.424947
Norris J held:
‘Although the case law refers to crime or fraud or dishonesty (such as fraudulent breach of trust, fraudulent conspiracy, trickery or sham contrivances) it is plain that the term ‘fraud’ is used in a relatively wide sense: Eustice’s case [1995] 1 WLR 1238, 1249D. So a scheme to effect transactions at an undervalue was sufficient (Eustice’s case); as was deliberate misrepresentation for the purpose of securing a mortgage advance (Nationwide Building Society v Various Solicitors [1999] PNLR 52, 72); or making a disposition with the intention of defeating a spouse’s claim for financial relief (C v C (Privilege) [2008] 1 FLR 115); or the establishment by employees, in breach of a duty of fidelity to their employer, of a rival business: Gamlen Chemical Co (UK) Ltd v Rochem Ltd (No 2) (1979) 124 SJ 276 and Walsh Automation (Europe) Ltd v Bridgeman [2002] EWHC 1344 (QB). The enumeration of examples is useful only in so far as it enables some underlying theme or connectedness to be identified. In each of these cases the wrongdoer has gone beyond conduct which merely amounts to a civil wrong; he has indulged in sharp practice, something of an underhand nature where the circumstances required good faith, something which commercial men would say was a fraud or which the law treats as entirely contrary to public policy. (I borrow language from Gamlen and from Williams v Quebrada Railway Land and Copper Co [1895] 2 Ch 751.)’
Norris J
[2010] EWHC 2176 (Ch), [2010] 2 CLC 248, [2011] Ch 296, [2011] 2 All ER 297, [2011] 2 WLR 496, [2011] Bus LR 466
Limited Partnerships Act 1907 6
England and Wales
Cited – Goddard v Nationwide Building Society CA 1986
A solicitor had acted for both purchaser and lender in a purchase transaction. The purchaser later sought to recover from the defendant for a negligent valuation. The solicitor had however discussed the issue with the plaintiff before the purchase, . .
Cited – Nationwide Building Society v Various Solicitors ChD 20-Jan-1998
Legal professional privilege could be set aside at disclosure where the fraudulent intention of one lay client was thereby shown as against another lender. The right to assert legal professional privilege does not apply to documents which came into . .
Cited – X v Y Ltd (Practice and Procedure – Disclosure) EAT 9-Aug-2018
Iniquity surpasses legal advice privilege
PRACTICE AND PROCEDURE – Disclosure
PRACTICE AND PROCEDURE – Striking-out/dismissal
An Employment Judge struck out paragraphs of the Claimant’s claim as they depended on an email in respect of which legal advice privilege was claimed. . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 August 2022; Ref: scu.424868
The claimant sought continuance of an injunction restraining the defendant from publishing a story about her private life.
Sharp J
[2011] EWHC 1192 (QB)
England and Wales
Updated: 25 August 2022; Ref: scu.439677
Supreme Court of Calcutta – In circumstances showing conflicting and opposite decisions by the Sudder Court upon the same question at issue, between the same parties, an appeal treated under the Statute, 8th and 9th Vict, c. 30, sec 2, as abandoned for non-prosecution, was restored upon terms of paying costs and undertaking to lodge cases forthwith, and to lodge security or a Bond in England, to the amount of andpound;500.
Where an appeal has been treated as abandoned by Statute, 8th and 9th Vict., c. 80, sec. 2, their Lordships have no power to grant leave to institute a new appeal: only a discretion to allow the original appeal to be restored.
[1857] UKPC 16
Commonwealth
Updated: 24 August 2022; Ref: scu.424525
Applications for relief from sanctions and consequential matters.
Hart J
[2004] EWHC 24 (Ch)
England and Wales
Updated: 24 August 2022; Ref: scu.392845
[1861] EngR 629, (1861) 1 B and S 332, (1861) 121 ER 738
England and Wales
Updated: 24 August 2022; Ref: scu.284390
Eady J
[2005] EWHC 2816 (QB)
England and Wales
See also – Armstrong v Times Newspapers Ltd and others QBD 17-Dec-2004
Eady J said: ‘repetitive and loose talk about questions can convey the impression there are reasonable grounds to suspect.’ . .
See also – Armstrong v Times Newspapers Ltd and David Walsh, Alan English CA 29-Jul-2005
The claimant sought damages after publication by the first defendant of articles which it was claimed implied that he had taken drugs. The paper claimed qualified privilege, and claimed Reynolds immunity.
Held: The defence of qualified . .
See also – Times Newspapers Ltd and others v Armstrong CA 13-Jun-2006
May LJ noted: ‘an action which does not come within section 69(1) has to be tried without a jury, unless the court in its discretion orders it to be tried with a jury. The discretion is now very rarely exercised, reflecting contemporary practice. . .
Lists of cited by and citing cases may be incomplete.
Updated: 24 August 2022; Ref: scu.236703
Whether a transcript of judge’s decision was to be provided by the court before the appeal particulars were filed.
Held: A litigant in person was not entitled to have produced for him a free transcript of the judgment against which he sought to appeal. The applicant said he could not produce his grounds of appeal until he had seen the transcript, and the judge had ordered that no transcript could be provided without the appellant first providing his grounds of appeal. Mr Perotti had himself taken a tape recording of the judgment, and it was open to him to have himself made notes of the judgment as it was given or to ask the defendant if they would provide a copy. He had not done so.
Brooke LJ VP, Mance LJ
[2005] EWCA Civ 581, Times 30-May-2005
England and Wales
Updated: 24 August 2022; Ref: scu.224923
(Very short judgment) Application for leave to appeal – stood down.
Arden LJ
[2002] EWCA Civ 544
England and Wales
Updated: 24 August 2022; Ref: scu.217065
The appellant challenged an order for the return to the respondents of two legal opinions disclosed to them by mistake.
[2002] EWCA Civ 780
England and Wales
Updated: 24 August 2022; Ref: scu.172249
The court was asked, on a reference back from the Supreme Court: ‘to determine whether the court should require [the interested party] to provide a copy of any other document placed before the judge and referred to in the course of the trial to [the applicant] . . in accordance with the principles laid down by this court’.
Picken J
[2020] EWHC 1873 (QB)
England and Wales
Updated: 24 August 2022; Ref: scu.652800
Material failures by the claimants to comply with the protocols on search and seizure orders led to the order being set aside. The claimant had not disclosed the possible execution on a female defendant’s home, and the solicitor accompanying the exercise was an assistant solicitor not a partner, the supervising solicitors did not have recent experience of such procedures, and not all material had been disclosed.
Times 28-Jun-2000, Gazette 06-Jul-2000
England and Wales
Updated: 24 August 2022; Ref: scu.80724
Application for relief from sanctions made pursuant to CPR 3.9(1)
Henry Carr QC
[2014] EWHC 1878 (Ch)
England and Wales
Updated: 24 August 2022; Ref: scu.526609
The claimant intended to seek recovery of a very substantial sum from the defendant. On learning of the defendant’s intention to sell its assets, it sought an order freezing them.
Held: The court has the discretion to order a freezing of a defendant’s assets so as to prevent a transfer of those assets, even though a reputable firm of accountants had valued the assets at the price which was to be paid, and that therefore there was no transfer at an udervalue. It should not be used to interfere in normal business acts. The court made an order granting the injunction, subject to an undertaking for costs, and allowing the defendant to bring evidence as to the proper values of the assets to be transferred.
Neuberger J
Times 01-Apr-1999, Gazette 24-Mar-1999, [1999] EWHC 833 (Ch), [2000] CP Rep 19, [1999] 3 All ER 268, [1999] 1 WLR 1139
England and Wales
See also – Commissioners of Customs and Excise v Anchor Foods Limited Admn 26-Jun-1998
The court heard an appeal by the Commissioners from the VAT Duties Tribunal that ‘Spreadable butter’ and ‘Ammix butter’ from New Zealand made and imported by the respondent are ‘manufactured directly from milk or cream’, and are not ‘recombined . .
See also – Commissioners of Customs and Excise v Anchor Foods Ltd (No 3) ChD 8-Jul-1999
The Civil Procedure Rules have not changed the common law rules which say that an interlocutory order for costs could not be varied by another judge sitting at first instance, except only in exceptional circumstances where it appeared for example . .
See also – Customs and Excise v Anchor Foods Ltd (No.4) ChD 18-Oct-1999
. .
See Also – Commissioners of Customs and Excise v Broomco (1984) Ltd (Formerly Anchor Foods Ltd) CA 17-Aug-2000
When an appeal is lodged in a VAT dispute, the discretion as to whether to require the appellant to lodge security for costs in the appeal, was a decision exclusively to be decided by the tribunal itself. A decision as to such security could not be . .
Cited – Shepherd Construction Ltd v Berners (BVI) Ltd and Another TCC 25-Mar-2010
The defendants sought a release from an asset freezing order, saying that there was no good reason to anticipate any dissipation of assets. An action between the parties had been settled on terms, but the defendant had not met payments. The . .
Cited – The Financial Services Authority v Sinaloa Gold Plc and Others SC 27-Feb-2013
The FSA sought injunctions to restrain the activities of the first defendants, including asset freezing orders under section 380 of the 2000 Act. The defendant’s bankers objected that they would be prejudiced by the restrictions without the FSA . .
Lists of cited by and citing cases may be incomplete.
Updated: 24 August 2022; Ref: scu.79365
There are three steps in every case where a party seeks disclosure from a third party: ‘(1) First it has to be shown that the documentation is likely to support the case of the applicant or adversely affect the case of the respondent. The word ‘likely’ has been interpreted by the Court of Appeal in the case of Three Rivers District Council v. Bank of England No. 4 [2003] 1 WLR 2010 as meaning ‘may well’.
(2) The second requirement under Part 31.17 is that disclosure is necessary in order to dispose fairly of the claim or to save costs.
(3) The third requirement is the exercise of a residual discretion that the court must exercise even if the first two hurdles are overcome in deciding to order the disclosure sought. (See Frankson v. The Home Office [2003] 1 WLR 1952). In exercising that residual discretion the court has to consider the balance of convenience and whether the order would infringe third parties’ rights of privacy and matters of that kind including the pubic interest.
Vos J
Unreported, 3 February 2010
England and Wales
Cited – Three Rivers District Council and Others, HM Treasury, v HM Treasury, The Governor and Company of the Bank of England (No 4) CA 7-Aug-2002
The claimants had suffered having lost deposits with the Bank of Credit and Commerce International. They claimed their losses from the respondents as regulators of the bank, for negligence and misfeasance in public office. The action was based upon . .
Cited – Frankson and Others v Secretary of State for the Home Department; Johns v Same CA 8-May-2003
The claimants sought damages for injuries alleged to have been received at the hands of prison officers whilst in prison. They now sought disclosure by the police of statements made to the police during the course of their investigation.
Held: . .
Cited – Andrew v News Group Newspapers Ltd and Commissioner of the Police for the Metropolis ChD 18-Mar-2011
The claimant sought unredacted disclosure of documents by the second defendant so that he could pursue an action against the first, who, he said, were thought to have intercepted his mobile phone messages, and where the second defendant had . .
Lists of cited by and citing cases may be incomplete.
Updated: 24 August 2022; Ref: scu.443851
Mr Andrew Hochhauser QC
[2019] EWHC 2004 (Ch)
England and Wales
Updated: 23 August 2022; Ref: scu.642617
Application to substitute defendant.
Nicol J
[2019] EWHC 2533 (QB)
England and Wales
See Also – Four Seasons Holdings Incorporated v Brownlie SC 19-Dec-2017
The claimant and her family were in a car crash while on holiday in Egypt. The claimant’s husband and his daughter died. The holiday had been booked in England and the car excursion booked in advance from England. The hotel operator was incorporated . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 August 2022; Ref: scu.642141
Ms Leigh-Ann Mulcahy QC (sitting as a Deputy High Court Judge)
[2019] EWHC 2165 (QB)
England and Wales
Updated: 23 August 2022; Ref: scu.642127
Consequential orders.
Mr Justice Andrew Baker
[2019] EWHC 345 (Comm)
England and Wales
Updated: 23 August 2022; Ref: scu.634037
Application for disclosure of documents
[2018] EWHC 3364 (Admin)
England and Wales
Updated: 23 August 2022; Ref: scu.631218
The defendants sought directions to restrict the issues in the forthcoming defamation action.
Held: Orders were considered and made accordingly.
Eady J
[2011] EWHC 1468 (QB)
England and Wales
Cited – Expandable Ltd and Another v Rubin CA 11-Feb-2008
The defendant’s witness statement referred to a letter written to him by the defendant’s solicitor. The claimant appealed refusal of an order for its disclosure.
Held: The appeal failed. The letter was protected by legal professional . .
Cited – Clarke (T/A Elumina Iberica Uk) v Bain and Another QBD 19-Nov-2008
The defendant asked the court to dismiss claims in defamation in an email saying that it lacked jurisdiction: ‘what is to be found on the internet may become like a tattoo’
Held: The court emphasised the need for careful control by the court . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 August 2022; Ref: scu.440577
The tribunal may review its own decision, where for example a clear error has been made (section 9).
Lord Justice Carnwath SPT
[2010] UKUT 160 (AAC), [2010] MHLR 192, [2010] AACR 41
Cited – Modaresi, Regina (on The Application of) v Secretary of State for Health SC 24-Jul-2013
The Court was asked: ‘As: (i) a public body with obligations in public law and (ii) a public authority under the Human Rights Act 1998 can the Secretary of State for Health ‘the S/S’ lawfully refuse to refer a patient’s case to the First-tier Mental . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 August 2022; Ref: scu.423181
(Punjab)
[1925] UKPC 10
Commonwealth
Updated: 23 August 2022; Ref: scu.422497
The claimant sought substitution of a defendant under CPR 19.5 for mistake.
Waller, Rix, Wilson LJJ
[2010] EWCA Civ 927
England and Wales
Updated: 22 August 2022; Ref: scu.421554
The 17 year old daughter applied to be joined in proceedings brought by her father for the return to Australia of her 11 year old brother.
Held: She was to be joined as a pert
Baker J
[2009] EWHC 3288 (Fam)
Child Abduction and Custody Act 1985, Hague Convention on the Civil Aspects of International Child Abduction 1980
Updated: 22 August 2022; Ref: scu.421349
Before a court, he who asserts something must must prove it: ‘Ei qui affirmat non ei qui negat incumbit probatio’
Lord Wight discussed the question of whether there had been ‘a vital change of the law . . Operating on the circumstances.’
Visc. Maugham, Lord Wight
[1942] AC 154, 57 The Times LR 485
England and Wales
Cited – Office of Fair Trading v Abbey National Plc and seven Others ComC 24-Apr-2008
The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the . .
Cited – British Movietone News Limited v London and District Cinemas Limited HL 26-Jul-1951
Film distributors contracted to supply newsreels at a cinematic theatre. The contract was for a minimum of 26 weeks, and after on termination by the distributors on four weeks notice thereafter, but by the cinema on four weeks after the first month. . .
Lists of cited by and citing cases may be incomplete.
Updated: 22 August 2022; Ref: scu.267121
The scheme of Civil Restraint Orders faithfully reproduced the scheme set out in Bhamjee. The statutory CRO regime it was sufficient that the previous claims or applications were totally without merit, and that the litigant persisted in making them. The requirement for ‘vexatiousness’, or its modern equivalent, had gone.
[2006] EWCA Civ 990, [2007] 1 WLR 536
England and Wales
Cited – Supperstone v Hurst and Another ChD 8-Jun-2009
The making of three wholly unmeritorious claims or applications were sufficient to support an application for a civil restraint order against the respondent. . .
Cited – Courtman v Ludlam and Another; In re Ludlam (Bankrupts) ChD 6-Aug-2009
The applicant trustee in bankruptcy sought an extended civil restraint order against the respondents, saying that they had made unmeritorious claims in the proceedings.
Held: The rules required there to be shown that person had ‘persistently . .
Lists of cited by and citing cases may be incomplete.
Updated: 22 August 2022; Ref: scu.243101
Inquiry into damages following world wide asset freezing order.
[2005] EWHC 2966 (QB)
England and Wales
Updated: 22 August 2022; Ref: scu.236708
Application for discharge of worldwide freezing orders
Sonia Tolaney QC
[2019] EWHC 194 (Comm)
England and Wales
Updated: 21 August 2022; Ref: scu.634040
Application to cross examine translators of claimant witness statements.
Stewart J
[2016] EWHC 3004 (QB), [2017] 1 WLR 1067, [2016] WLR(D) 623
England and Wales
See Also – Kimathi and Others v The Foreign and Commonwealth Office (Strike out) QBD 24-Nov-2016
The defendant sought to have struck out from the group litigation, as a nullity the claim by one claimant who had been deceased at the time of issue. His PRs responded that the court could deal with the matter under CPR Pt 3.
Held: The court’s . .
See Also – Kimathi and Others v The Foreign and Commonwealth Office QBD 9-Feb-2017
Application notice seeking an order that certain issues be listed for hearing as a preliminary point. . .
See Also – Kimathi and Others v The Foreign and Commonwealth Office QBD 28-Mar-2018
Claim as to allegations of abuse in Kenya in the 1950s. . .
See Also – Kimathi and Others v The Foreign and Commonwealth Office QBD 18-Apr-2018
Continued dispute as to admissibility of certain documents . .
See Also – Kimathi and Others v The Foreign and Commonwealth Office QBD 9-May-2018
Admissibility of extracts from Hansard . .
See Also – Kimathi and Others v The Foreign and Commonwealth Office QBD 24-May-2018
The Claimants claimed damages against the Defendant for alleged abuses arising during the course of the Kenyan Emergency during the 1950s. . .
See Also – Kimathi and Others v The Foreign and Commonwealth Office QBD 2-Aug-2018
Allegations of abuse by persons for whose conduct it is alleged the Defendant is liable, arising out of the Kenyan Emergency. . .
See Also – Kimathi and Others v The Foreign and Commonwealth Office QBD 21-Nov-2018
. .
Lists of cited by and citing cases may be incomplete.
Updated: 21 August 2022; Ref: scu.571915
The defendant sought to have struck out from the group litigation, as a nullity the claim by one claimant who had been deceased at the time of issue. His PRs responded that the court could deal with the matter under CPR Pt 3.
Held: The court’s overriding duty to seek justice beween the parties could not be exercised to forgive something which rendered the proceedings a nullity.
Stewart J
[2016] EWHC 3005 (QB), [2016] WLR(D) 624
Law Reform (Miscellaneous Provisions) Act 1934
England and Wales
Cited – Watson And Wife, Administratrix, and Co of Maxwell v King 14-Dec-1815
Trover lies for an undivided part of a chattel. A power of attorney, though coupled with an interest, is instantly revoked by the death of the grantor, and an act afterwards bona fide done uuder it, by the grantee, before notice of the death of the . .
Cited – Clay v Oxford 1866
The proceedings were a nullity, the plaintiff having died before proceedings were commenced.
Held: There was no power to substitute another plaintiff such as the deceased’s legal personal representatives to get around the nullity. . .
Cited – Tetlow v Orela Ltd 1920
Ord 16, rr. 2 and 11 Ord 16, r 2, provided that, where an action had been commenced in the name of a wrong plaintiff, the court might, if satisfied that it had been so commenced through bona fide mistake and that it was necessary for the . .
See Also – Kimathi and Others v The Foreign and Commonwealth Office (Cross examination request) QBD 24-Nov-2016
Application to cross examine translators of claimant witness statements. . .
See Also – Kimathi and Others v The Foreign and Commonwealth Office QBD 9-Feb-2017
Application notice seeking an order that certain issues be listed for hearing as a preliminary point. . .
See Also – Kimathi and Others v The Foreign and Commonwealth Office QBD 28-Mar-2018
Claim as to allegations of abuse in Kenya in the 1950s. . .
See Also – Kimathi and Others v The Foreign and Commonwealth Office QBD 18-Apr-2018
Continued dispute as to admissibility of certain documents . .
See Also – Kimathi and Others v The Foreign and Commonwealth Office QBD 9-May-2018
Admissibility of extracts from Hansard . .
See Also – Kimathi and Others v The Foreign and Commonwealth Office QBD 24-May-2018
The Claimants claimed damages against the Defendant for alleged abuses arising during the course of the Kenyan Emergency during the 1950s. . .
See Also – Kimathi and Others v The Foreign and Commonwealth Office QBD 2-Aug-2018
Allegations of abuse by persons for whose conduct it is alleged the Defendant is liable, arising out of the Kenyan Emergency. . .
See Also – Kimathi and Others v The Foreign and Commonwealth Office QBD 21-Nov-2018
. .
Lists of cited by and citing cases may be incomplete.
Updated: 21 August 2022; Ref: scu.571916
Bowen LJ said that judgments should be given on points that the judge is bound to decide. Deciding more than is necessary could, ‘like the proverbial chickens of destiny’, come home to roost sooner or later.
Bowen LJ
(1888) 38 Ch D 56
England and Wales
Cited – Walters v Olins CA 4-Jul-2008
The claimant appealed against a finding that he had entered into a mutual will contract with the deceased.
Held: It is a legally necessary condition of mutual wills that there is clear and satisfactory evidence of a contract between two . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 August 2022; Ref: scu.270588
Application by Claimant to set aside an order obtained ex parte so as to ensure that the hearing of an application issued by the Claimant for a receiver to be appointed in respect of the First Defendant’s assets be in private, that the public should not have access to the documents on the court file and that there be no publication of those documents or of the fact that there is an application for the appointment of a receiver.
Teare J
[2010] EWHC 545 (Comm)
England and Wales
See Also – JSC BTA Bank v Ablyazov and Others CA 27-Oct-2009
Appeal against disclosure orders made in support of freezing order. . .
See Also – JSC BTA Bank v Ablyazov and Others CA 27-Oct-2009
The court considered a Defendant’s appeal asking whether section 13 of the 2006 Act removed the privilege against self-incrimination in respect of an offence under section 328 of the 2002 Act. The defendant contended that were it to comply with the . .
See Also – JSC BTA Bank v Ablyazov and Others ComC 12-Nov-2009
The claimant sought continuation of a freezing order in a claim brought against senior officers of the company. . .
See Also – JSC BTA Bank v Ablyazov and Others (Rev 1) ComC 11-Dec-2009
Applications to correct suggested error in earlier order for stay. . .
Cited – JSC BTA Bank v Ablyazov and Others ComC 28-Jan-2010
The claimant sought a order that information released to it under court order could be used for additional purposes beyond those allowed. . .
See Also – JSC BTA Bank v Ablyazov ComC 16-Jul-2010
The former bank in Kazakhstan had been nationalised to prevent its liquidation, and now sought recovery of sums said to have been taken by its former chairman: ‘The Court has to determine three applications. The first is an application by the Bank . .
See Also – JSC BTA Bank v Ablyazov and Others QBD 24-Aug-2010
When considering a strike out application, the judge should consider ‘the effect of making, or not making, the order sought on the overall fairness of the proceedings and the wider interests of justice as reflected in the overriding objective’. . .
See Also – JSC BTA Bank v Ablyazov and Others (Rev 1) ComC 24-Aug-2010
Application for an ‘unless’ order debarring the respondents from defending and entitling the claimant to enter judgment unless certain information and documents were provided. . .
See Also – JSC BTA Bank v A CA 19-Oct-2010
The court heard an appeal in private, against the order of Teare J imposing a receivership on the assets of Mr A pending the trial of claims made against him for misappropriations allegedly made by him while he was chairman of the claimant bank in . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 August 2022; Ref: scu.427216
When considering a strike out application, the judge should consider ‘the effect of making, or not making, the order sought on the overall fairness of the proceedings and the wider interests of justice as reflected in the overriding objective’.
Christopher Clarke J
[2010] EWHC 2219 (QB), [2010] 2 CLC 329, [2010] EWHC 2352 (Comm)
England and Wales
Cited – Derby and Co Ltd v Weldon (Nos 3 and 4) CA 1990
The plaintiff had obtained an asset freezing order against a defendant Panamanian Company, which now appealed saying that it was inappropriate to make such an order where the company had no assets in the jurisdiction.
Held: The appeal failed. . .
See Also – JSC BTA Bank v Ablyazov and Others CA 27-Oct-2009
Appeal against disclosure orders made in support of freezing order. . .
See Also – JSC BTA Bank v Ablyazov and Others CA 27-Oct-2009
The court considered a Defendant’s appeal asking whether section 13 of the 2006 Act removed the privilege against self-incrimination in respect of an offence under section 328 of the 2002 Act. The defendant contended that were it to comply with the . .
See Also – JSC BTA Bank v Ablyazov and Others ComC 12-Nov-2009
The claimant sought continuation of a freezing order in a claim brought against senior officers of the company. . .
See Also – JSC BTA Bank v Ablyazov and Others (Rev 1) ComC 11-Dec-2009
Applications to correct suggested error in earlier order for stay. . .
See Also – JSC BTA Bank v Ablyazov and Others ComC 28-Jan-2010
The claimant sought a order that information released to it under court order could be used for additional purposes beyond those allowed. . .
See Also – JSC BTA Bank v Ablyazov and Others ComC 17-Mar-2010
Application by Claimant to set aside an order obtained ex parte so as to ensure that the hearing of an application issued by the Claimant for a receiver to be appointed in respect of the First Defendant’s assets be in private, that the public should . .
See Also – JSC BTA Bank v Ablyazov ComC 16-Jul-2010
The former bank in Kazakhstan had been nationalised to prevent its liquidation, and now sought recovery of sums said to have been taken by its former chairman: ‘The Court has to determine three applications. The first is an application by the Bank . .
See Also – JSC BTA Bank v Ablyazov and Others (Rev 1) ComC 24-Aug-2010
Application for an ‘unless’ order debarring the respondents from defending and entitling the claimant to enter judgment unless certain information and documents were provided. . .
See Also – JSC BTA Bank v A CA 19-Oct-2010
The court heard an appeal in private, against the order of Teare J imposing a receivership on the assets of Mr A pending the trial of claims made against him for misappropriations allegedly made by him while he was chairman of the claimant bank in . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 August 2022; Ref: scu.424879
Application for leave to appeal.
Held: An application to set aside made within six weeks of judgment was sufficiently prompt in a case which was ‘by no means straightforward’.
Potter LJ, Sullivan J
[2002] EWCA Civ 1875
England and Wales
Cited – WXY v Gewanter and Another QBD 30-May-2012
The claimant had obtained an injunction to restrain publication of what was private information. The third defendant now applied to set aside the judgment, saying that their application for an adjournment had been wrongly refused. He said that he . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 August 2022; Ref: scu.420971
The plaintiffs had obtained leave to serve a writ out of the jurisdiction under Order 11, r 1(e) of the RSC on the ground that the claim was for breach of a contract within the jurisdiction. The breach alleged was of a CIF contract, and the allegation was that the contract was broken by reason of a failure to deliver in Liverpool the goods that were the subject of the contract. Leave was given ex parte and upheld inter partes. The plaintiffs now conceded that the way that their claim had been advanced had been misconceived in that a CIF contract involves an obligation to deliver documents, not the goods to which the documents relate. The plaintiffs tried to persuade the Court to uphold the leave given to serve out on the basis of substituting for the original claim a claim for failure to deliver the relevant documents in Liverpool.
Held: Permission was refused. A L Smith MR said: ‘It was not until the case came into this Court that the plaintiff set up another cause of action. That could not be allowed.’
Collins LJ said: ‘an application for leave to issue a writ for service out of the jurisdiction ought to be made with great care and looked at strictly. If a material representation upon which the leave was obtained in the first instance turned out to be unfounded, the plaintiff ought not to be allowed . . to set up another and a distinct cause of action which was not before the Judge upon the original application. It was clear from the affidavit that the only case made on the original application was that the defendants were bound to deliver the goods in this country, and that there was a breach of that contract here, and upon that representation alone leave was originally granted to issue the writ and serve notice thereof abroad.’
Romer LJ said: ‘an application for leave to issue a writ for service out of the jurisdiction ought to be made with great care and looked at strictly. If a material representation upon which the leave was obtained in the first instance turned out to be unfounded, the plaintiff ought not to be allowed, when an application was made by the defendant to discharge the order for the issue of the writ and the service, to set up another and a distinct cause of action which was not before the judge upon the original application.’
A L Smith MR, Collins, Romer LJJ
(1901) 17 TLR 299
England and Wales
To be confined to its facts – NML Capital Ltd v Argentina SC 6-Jul-2011
The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets . .
Applied – Re Jogia (A Bankrupt) 1988
Application was made for leave to serve proceedings out of the jurisdiction in a claim for money had and received in connection with payments made to the defendant after a receiving order.
Held: A plaintiff who has been given permission to . .
Cited – Metall und Rohstoff AG v Donaldson Lufkin and Jenrette Inc CA 1990
There was a complicated commercial dispute involving allegations of conspiracy. A claim by the plaintiffs for inducing or procuring a breach of contract would have been statute-barred in New York.
Held: Slade LJ said: ‘The judge’s approach to . .
Cited – AB v CD QBD 3-Jan-2014
The parties were contracted to each other in respect of an internet based marketing system for metals and other resources. The claimant had contracted in effect to promote the system. The claimant sought an injunction to prevent termination of . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 August 2022; Ref: scu.441563
The claimant’s solicitor had given evidence in support of the claim and the judge had been very critical of that evidence. The defendant sought an order that the solicitor be jointly liable with his client for the defendant’s costs and the solicitor asked for the application to be heard by a different judge. The judge refused to make that order.
Sir John Donaldson MR said: ‘I accept that it must always be open to a judge to decline to proceed further with the hearing of any matter on the grounds that he is personally embarrassed by, for example, an appearance of bias. Subject to that, I have no doubt that it was the duty of (the trial judge) having heard and determined the issues in the action, himself to determine all applications as to the costs of the action . . the fact that a judge has determined the issues in the action and in doing so has expressed views on the conduct of the parties and of the witnesses, neither constitutes bias nor the appearance of bias in relation to subsequent applications in the action . . If the application can only be sustained by proof of serious misconduct or crime, the standard of proof should be higher than would otherwise be the case, but, subject to that, the application should be dealt with the same way as would any other application for costs against a solicitor.’
Parker LJ dissented as to the particular situation, but agreed as to the principles involved, saying: ‘Save in exceptional circumstances, it will be for the judge, who heard the case . . to determine the matter on a subsequent hearing . . there can be no doubt of this, the judge is dealing with the costs of an action which he has himself heard.’
Balcombe LJ said: ‘I accept that the judge has a discretion to direct that the application be heard by another judge, but the discretion is a judicial one, to be exercised in accordance with settled principles, of which one is undoubtedly that the application should be tried by the judge who heard the action unless there are compelling reasons to the contrary . . A judge properly exercising his judicial function, e.g. by criticising the conduct of a party’s solicitor in the course of his judgment on a matter which he considers relevant to his decision, cannot by that process be said to be biased. Bias is the antithesis of the proper exercise of a judicial function . . If such an application has to be heard by another judge, the procedure will lose its summary character. It will become even more expensive and time consuming than it is already, and the defendants are justified in their contention that the remedy of the party damnified by the solicitor’s misconduct will become illusory’.’
Sir John Donaldson MR, Parker LJ, Balcombe LJ
[1985] 1 WLR 1337
England and Wales
Cited – Otkritie International Investment Management and Others v Urumov CA 14-Oct-2014
The claimants brought proceedings against several defendants. There had been a series of hearings conducted by a single judge leading to findings that several defendants had been involved in a fraud. The defendants sought recusal of that judge . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 August 2022; Ref: scu.537708
D was in the care of a local authority. Wardship proceedings were under way. At first instance, Whitfor J had granted an order that the authority should disclose their records held under the 1955 Regulations. The authority appealed.
Held: The appeal succeeded. The records were privileged from disclosure, though in exceptional situations, an order might be made. The court considered what information was to be disclosed in the context of wardship proceedings, and in particular as to the effective functioning of a local authority in relation to the welfare of boarded-out children.
Lord Denning MR, Harman and Karminski LJJ
[1970] 1 WLR 599, [1970] 1 All ER 1089
Boarding-Out of Children Regulations 1955
England and Wales
Cited – Durham County Council v Dunn CA 13-Dec-2012
The claimant wished to begin a claim alleging historic sexual abuse while he had been at an institution run by the defendants. The claimant sought pre-trial disclosure of various documents and the court now considered the principle applicable, and . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 August 2022; Ref: scu.467124
Leave to serve out of the jurisdiction had been granted in relation to a bill of exchange which had been erroneously described in the statement of claim indorsed on the writ.
Held: The Court upheld the order giving leave to amend the writ.
Lord Esher MR said: ‘Leave was given for the issue of the writ so indorsed, and service of notice of it out of the jurisdiction; such notice was duly served upon the defendant abroad; and the defendant has in due course appeared in this country. It is argued that, under these circumstances, the writ cannot be amended. Why not? The rules with regard to amendments appear in terms to apply to such a case. It is contended, nevertheless that there cannot be an amendment, because the writ was for service, and has been served, out of the jurisdiction. But the defendant has now appeared in this country; and I can see no reason why an amendment such as this should not be made, just as in the case of a writ served within the jurisdiction. We were pressed with the possibility that, if such a writ could be amended, it might be amended so as to introduce a cause of action in respect of which leave could not have been originally given for service out of the jurisdiction. That is not the present case. When that case arises, there may be good reason for refusing to allow the amendment.’
Lord Esher MR, A L Smith LJ
[1894] 2 QB 450
England and Wales
Cited – NML Capital Ltd v Argentina SC 6-Jul-2011
The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 August 2022; Ref: scu.441565
(Quebec) The liquidators of a bank had sued on a cause of action vested in the bank. The Canadian courts had refused leave to amend to add the bank as a plaintiff on appeal.
Held: The liquidators’ appeal succeeded. There was power to amend to allow an amendment to add the bank as a party and that it should have been exercised.
[1903] UKPC 17, [1903] AC 220
Cited – Irwin and Another v Lynch and Another CA 6-Oct-2010
The court considered an appeal against an order allowing an amendment outside the limitation period which would . .
Lists of cited by and citing cases may be incomplete.
Updated: 20 August 2022; Ref: scu.419502
The claimant sought a order that information released to it under court order could be used for additional purposes beyond those allowed.
Teare J
[2010] EWHC 90 (Comm)
England and Wales
See Also – JSC BTA Bank v Ablyazov and Others CA 27-Oct-2009
Appeal against disclosure orders made in support of freezing order. . .
See Also – JSC BTA Bank v Ablyazov and Others CA 27-Oct-2009
The court considered a Defendant’s appeal asking whether section 13 of the 2006 Act removed the privilege against self-incrimination in respect of an offence under section 328 of the 2002 Act. The defendant contended that were it to comply with the . .
See Also – JSC BTA Bank v Ablyazov and Others ComC 12-Nov-2009
The claimant sought continuation of a freezing order in a claim brought against senior officers of the company. . .
See Also – JSC BTA Bank v Ablyazov and Others (Rev 1) ComC 11-Dec-2009
Applications to correct suggested error in earlier order for stay. . .
Cited – JSC BTA Bank v Ablyazov and Others ComC 17-Mar-2010
Application by Claimant to set aside an order obtained ex parte so as to ensure that the hearing of an application issued by the Claimant for a receiver to be appointed in respect of the First Defendant’s assets be in private, that the public should . .
See Also – JSC BTA Bank v Ablyazov ComC 16-Jul-2010
The former bank in Kazakhstan had been nationalised to prevent its liquidation, and now sought recovery of sums said to have been taken by its former chairman: ‘The Court has to determine three applications. The first is an application by the Bank . .
See Also – JSC BTA Bank v Ablyazov and Others QBD 24-Aug-2010
When considering a strike out application, the judge should consider ‘the effect of making, or not making, the order sought on the overall fairness of the proceedings and the wider interests of justice as reflected in the overriding objective’. . .
See Also – JSC BTA Bank v Ablyazov and Others (Rev 1) ComC 24-Aug-2010
Application for an ‘unless’ order debarring the respondents from defending and entitling the claimant to enter judgment unless certain information and documents were provided. . .
See Also – JSC BTA Bank v A CA 19-Oct-2010
The court heard an appeal in private, against the order of Teare J imposing a receivership on the assets of Mr A pending the trial of claims made against him for misappropriations allegedly made by him while he was chairman of the claimant bank in . .
Lists of cited by and citing cases may be incomplete.
Updated: 20 August 2022; Ref: scu.396381
Claimant’s application for expedition of this action, with the court to give appropriate directions in support of the requested expedition. The case that is put forward in favour of expedition arises out of the fact that Elektrim, a Polish company, is presently in the process of bankruptcy proceedings in Poland and the particular type of bankruptcy proceedings in question, involve the company, through its administrator, proposing to creditors a composition under which they will be paid less than the full amount of the debt and there will be a period of postponement before they are paid that percentage of their debt.
Morgan J
[2008] EWHC 2187 (Ch)
England and Wales
Updated: 20 August 2022; Ref: scu.396458
[1858] EngR 1169, (1858) 1 El and El 258, (1858) 120 ER 906
England and Wales
Updated: 20 August 2022; Ref: scu.289640
The Plaintiff complained that the defendant had sold, under the Plaintiff’s name, sewing machines which had not been manufactured by him, and be sought a discovery of all the machines sold by the Defendant, the price, the profit, the names of the purchasers and other particulars. The Defendant refused to answer, saying that he would thereby disclove the riamcs of his customers and the secrets of his trade. Held, that he was bound to answer.
[1862] EngR 417 (B), (1862) 30 Beav 547
England and Wales
Updated: 20 August 2022; Ref: scu.286583