Dispute about whether a Part 36 settlement offer that was accepted can later be withdrawn and whether the settlement should be approved by the court. The facts were unusual and raise some novel questions as to the application of Part 36 of the Civil Procedure Rules to protected parties or children.
Ms Clare Ambrose
[2021] EWHC 973 (QB)
England and Wales
Updated: 06 December 2022; Ref: scu.662150
Miles J
[2021] EWHC 448 (Ch)
England and Wales
See Also – Oyston and Another v Rubin and Another ChD 19-Jun-2020
. .
See Also – Oyston and Another v Rubin and Another ChD 4-May-2021
. .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.659549
Clark M
[2020] EWHC 1726 (Ch)
England and Wales
See Also – Oyston and Another v Rubin and Another ChD 10-Feb-2021
. .
See Also – Oyston and Another v Rubin and Another ChD 4-May-2021
. .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.652228
Application for further disclosure pursuant to CPR 31.16 (pre-action disclosure)
Freedman J
[2020] EWHC 1260 (QB)
England and Wales
Updated: 05 December 2022; Ref: scu.651236
Appeal from relief from sanctions granted to claimant
Yip J
[2020] EWHC 1378 (QB)
England and Wales
Updated: 05 December 2022; Ref: scu.651227
Post judgment applications
[2020] EWHC 1379 (Ch)
England and Wales
Updated: 05 December 2022; Ref: scu.651122
Post judgment matters
[2020] EWHC 1365 (Ch)
England and Wales
Updated: 05 December 2022; Ref: scu.651128
Application for pre-action disclosure.
Teare J
[2009] EWHC 732 (TCC)
England and Wales
Updated: 05 December 2022; Ref: scu.330993
[1873] EngR 6, (1873) 14 Moo Ind App 9, (1873) 20 ER 916
England and Wales
Updated: 05 December 2022; Ref: scu.280090
A Mrs. Aston agreed with her nephew Mr. Hohler to make provision for her niece and her husband, Mr. and Mrs. Rollo. Mrs. Aston died before doing so. Mr. Hohler and Mr. And Mrs. Rollo sued the executors of Mrs. Aston for specific performance
Held: The action succeeded. Sargant J: ‘the third parties, of course, cannot themselves enforce a contract made for their benefit but the person with whom the contract is made is entitled to enforce the contract.’ Mr. Hohler took no benefit under the contract but was allowed to recover.
Sargant J
[1920] 2 Ch 420
England and Wales
Cited – Beswick v Beswick HL 29-Jun-1967
The deceased had assigned his coal merchant business to the respondent against a promise to pay andpound;5.00 a week to his widow whilst she lived. The respondent appealed an order requiring him to make the payments, saying that as a consolidating . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.251048
The defendant had lost an action on the design of dental pins used to create foundations for false teeth. He wanted to get onto the market with a product which was designed so as to avoid the construction of the patent claims found by both the High Court and the Court of Appeal. The patentee refused to acknowledge that the new product was outside the patent claims.
Held: An injunction was granted and proceedings had to be brought for a declaration of non-infringement. Those proceedings were successful.
[1990] RPC 293
England and Wales
Cited – Point Solutions Ltd v Focus Business Solutions Ltd and Another ChD 16-Dec-2005
It was claimed that the defendant’s computer software infringed the copyright in software owned by the claimant. A declaration was sought beacause of allegations that assertions about infringement had been made to third parties.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.237721
Contracting out of the privilege against self-incrimination.
[1856] 21 Beav 365
England and Wales
Cited – Holder v The Law Society Admn 26-Jul-2005
The applicant challenged the independence of the respondent’s disciplinary tribunal.
Held: The claim failed: ‘the nature of the Tribunal is entirely adequately independent and impartial for the purposes for which it is constituted. The . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.230904
The making of an order of prohibition was postponed to allow the defendant Council to take certain action.
[1976] 1 WLR 550, [1976] 3 All ER 184
England and Wales
Cited – Benjamin, Vanderpool and Gumbs v The Minister of Information and Broadcasting and The Attorney General for Anguilla PC 14-Feb-2001
PC (Anguilla) A first non-religious radio station had been formed, but came to include much criticism of the government. One programme was suspended by the government. The programme makers complained that this . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.182062
Once the occasion for the exercise of a power to award costs against a third party has arisen, the court, in order to enable it to be fully and appropriately exercised, will investigate so as to establish the identity of a third party maintainer of the unsuccessful party, and the liability of that maintainer in respect of the successful party’s costs. The court has ancillary jurisdiction to make an order against a plaintiff requiring him to disclose whether there is a third party funder.
McPherson J
[1989] 2 All ER 751
England and Wales
Explained – Abraham and Another v Thompson and Another CA 24-Jul-1997
The plaintiffs appealed an order that they should disclose who if any had funded their case. The case concerned failed business ventures in Portugal. . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.183805
30 LJ (QB) 352, (1861) 1 B and S 375
England and Wales
Cited – Ellis v M’Henry CCP 1871
A debt or liability arising in any country may be discharged by the laws of that country, and such a discharge, if it extinguishes the debt or liability, and does not merely interfere with the remedies or course of procedure to enforce it, will be . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.183539
The court laid down rules for restricting the citation of authorities, which rules are to be applied in all courts except criminal courts. The increase in the number of judgments series being available had come to be problematic for all involved, and the need for economy and efficiency required restrictions. Cases cited should be relevant and useful. An advocate has a duty to draw the court’s attention to cases adverse to his own which were not cited by his opponent. Certain classes of judgments should not in future be referred to. Courts would pay more attention to the comments of a judge suggesting that the law was relevant to the particular case only. When citing a case, the advocate must state the proposition of law it supported, identifying relevant parts of the judgement. Bundles must include certificates by advocates as to compliance with this direction. Citations of judgments from foreign jurisdictions must follow the same rules and additionally confirm that the same proposition of law could not be supported from UK judgments.
Lord Chief Justice
Times 01-May-2001, [2001] 1 WLR 1002
England and Wales
Cited – Practice Direction (Judgments: Neutral citation) LCJ 17-Jan-2002
The practice of using the system of neutral Citation of judgements is extended to all divisions of the High Court where the judgement was given in London, with effect from January 14 2002. Numbers will be issued automatically in London, and on . .
Cited – Napp Pharmaceutical Holdings Ltd v Director General of Fair Trading CA 8-May-2002
The applicant sought leave to appeal against a decision of the Competition Commission Appeals Tribunal.
Held: Since the decision of the tribunal did not involve questions of law, it fell exactly within the Cooke case, and the court should be . .
Cited – Attorney General’s Reference No 3 of 2000 CACD 27-Jun-2001
The test of whether the behaviour of undercover police officers in instigating offending by the defendant crossed the line, so as to justify exclusion of their evidence, remains that the court must look at the extent of freedom of choice left to the . .
Cited – Governor and Company of the Bank of Scotland v Henry Butcher and Co and others CA 13-Feb-2003
The court fiercely criticised the failure of the defendant’s solicitors to follow the practice directions and to use references to the Weekly Law Reports wherever possible as citations. The court had been badly hampered in its hearing by that and . .
Cited – Dr A Lambiris v The Specialist Training Authority of the Medical Royal Colleges and the General Medical Council, the Secretary of State for Health – Interested Parties CA 8-May-2003
The applicant challenged the failure to register him properly to reflect his specialism for which he had been qualified in Greece.
Held: The Directive set out principles for the recognition of medical qualifications within the Union. The Order . .
Cited – Jennings and Another v Cairns CA 18-Nov-2003
Nieces had fallen out over their aunt’s estate. One niece had been closer than the others, and despite not properly understanding what she was doing the deceased had made lifetime gifts to the niece who was now executor. She appealed a finding of . .
Cited – Uphill v BRB (Residuary) Ltd CA 3-Feb-2005
The court considered an application for leave for a second appeal.
Held: Pursuant to the Practice Direction, the court certified that though this was an application for leave, it could be cited: ‘the reference in CPR 52.13(2)(a) to ‘an . .
Cited – Sher and Others v Chief Constable of Greater Manchester Police and Others Admn 21-Jul-2010
The claimants, Pakistani students in the UK on student visas, had been arrested and held by the defendants under the 2000 Act before being released 13 days later without charge. They were at first held incognito. They said that their arrest and . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.174748
(1828) 1 Knapp 265
England and Wales
Cited – Ellis v M’Henry CCP 1871
A debt or liability arising in any country may be discharged by the laws of that country, and such a discharge, if it extinguishes the debt or liability, and does not merely interfere with the remedies or course of procedure to enforce it, will be . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.183532
Documents disclosed in support an application in a costs taxation, remained subject to implied duties of confidence, and they could not be used for any other purpose, including to support litigation abroad. Where questions of US law arose, a US court was the best place to decide those questions. Legal privilege is not lost under English law because it cannot be claimed in another country: ‘To suggest otherwise would mean that a court, when deciding whether to uphold a claim for privilege, would need to be informed as to whether privilege could be claimed in all the countries of the world. . . The fact that under a foreign law the document is not privileged or that the privilege that existed is deemed to have been waived is irrelevant. The crucial consideration is whether the document and its information remain confidential in the sense that it is not properly available for use. If it is, then privilege in this country can be claimed and that claim, if properly made, will be enforced.’
Aldous LJ
Times 12-May-1999, [1999] EWCA Civ 1128, [1999] 3 All ER 154
England and Wales
See also – Bourns Inc v Raychem Corporation CA 17-Dec-1998
. .
Cited – B and Others Russell McVeagh McKenzie Bartleet and Co v Auckland District Law Society, Gary J Judd PC 19-May-2003
(New Zealand) Solicitors resisted requests to disclose papers in breach of legal professional privilege from their professional body investigating allegations of professional misconduct against them.
Held: The appeal was allowed. The . .
See also – Bourns Inc v Raychem Corporation CA 17-Dec-1998
. .
Cited – British American Tobacco (Investments) Ltd v United States of America CA 30-Jul-2004
The claimant appealed an order for its London solicitor to be examined in connection with proceedings in the US.
Held: A court should not make an order which was superfluous. The witness had now given his evidence. However, the foreign . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.146043
After protracted, complicated and bitter litigation, ‘To put the matter quite briefly, Mr and Mrs Rogers’s solicitors appear to be taking advantage rightly or wrongly – and if they have a legal right to do so, of course they have a right to do so – of the fact that these two sets of proceedings, all tied up intimately with the same subject-matter, have been going along side by side, and the proceedings which the Freeguards have been winning – being the proceedings before the Chancery master and in this court – have got out of kilter with the others, so that Mr and Mrs Rogers are seeking to enforce orders for costs made in their favour without Mr and Mrs Freeguards having the opportunity to set off against those costs orders for costs made in their favour. Added to that there is the oddity that the transfer is as of now being effectively blocked by Mr and Mrs Rogers seeking to enforce an order for costs amounting to over 12,000 pounds when taxed, which was ordered not to be enforced without leave. We have seen no order by the county court granting leave, and certainly Mr and Mrs Freeguards were never put on any notice at all that an application was going to be made to seek leave to enforce it, added to which Mr and Mrs Rogers seek to be enforcing an order for costs in their favour in this court, which was expressly ordered to be set off against the order for costs made in favour of Mr and Mrs Freeguard.’ The court made orders for the future orderly conduct of the matters.
[1999] EWCA Civ 1154
England and Wales
See Also – Freeguard v Rogers CA 26-Jan-1999
Judgment had been obtained. An order was in preparation for specific performance of an option over land. The parties were unable to agree the form of the order, and it was relisted.
Held: The Freeguards’ objections to the proposed form had no . .
See Also – Rogers and Another v Freeguard and Another CA 19-Oct-1998
The parties had drawn up and executed an option agreement. When a court considered an option to purchase ‘land known as . .’, it was able to consider extrinsic evidence to establish just what was included where the identification in the deed was . .
See Also – Freeguard v Rogers CA 26-Jan-1999
Judgment had been obtained. An order was in preparation for specific performance of an option over land. The parties were unable to agree the form of the order, and it was relisted.
Held: The Freeguards’ objections to the proposed form had no . .
See Also – Rogers and Another v Freeguard and Another CA 19-Oct-1998
The parties had drawn up and executed an option agreement. When a court considered an option to purchase ‘land known as . .’, it was able to consider extrinsic evidence to establish just what was included where the identification in the deed was . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.146069
A party wishing to apply for leave to appeal against orders made on separate preliminary hearings within the same action need not issue one application for each order, but can combine them into one application. In this case the issues were related also.
Times 30-Apr-1999, [1999] EWCA Civ 1163
England and Wales
Distinguished – Hawes v Chief Constable of Avon and Somerset Constabulary; S v S; S v S CA 20-May-1993
Separate notices of appeal are not required for appeals against orders made in the same proceedings at the same trial or hearing. ‘There are three notices of appeal before us. Mr Hawes challenges three separate rulings of the judge during the course . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.146078
The writ office of the High Court unjustifiably rejected a writ which the plaintiff asked to be issued and did not issue it until the limitation period had expired. The court held that it had inherent jurisdiction to direct that the writ should be treated as if it had been issued on the date when it should have been issued.
Evans LJ
[1999] EWCA Civ 1156
England and Wales
See Also – Riniker v University College London EAT 12-Dec-1995
. .
Appeal from – Riniker v University College London EAT 5-Feb-1997
. .
See Also – Regina v Lord Chancellor and others ex parte Riniker CA 28-Feb-1997
The applicant sought judicial review of a refusal of her request that a judgment of the Court of Appeal should not be published.
Held: The applicants complaints were not well founded. ‘Her attempt to restrain publication of the Court of Appeal . .
See Also – Riniker v University College London CA 25-Nov-1998
. .
Cited – Riniker v University College London EAT 23-Aug-1999
EAT Contract of Employment – Breach of Contract
EAT Contract of Employment – Breach of Contract. . .
Cited – St. Helens Metropolitan Borough Council v Barnes CA 25-Oct-2006
The claimant had delivered his claim form to the court, but it was not processed until after the limitation period had expired. The defendant appealed a finding that the claimant had brought the cliam within the necessary time.
Held: The claim . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.146071
The court considered the extent of its inherent power if any to prevent not only abusive applications within proceedings, but also new proceedings entirely and also at County Court level.
[1999] 3 WLR 670, [1999] EWCA Civ 3043, [2000] Ch 484, [2000] BPIR 14
England and Wales
Updated: 05 December 2022; Ref: scu.146045
Appeals in personal injury cases against a judge’s finding on liability are very unlikely to succeed, and in future, leave to appeal should only be given where there is a clear evidence that the judge had made an error of principle. However, Brook LJ said, exceptional circumstances may arise where the judge erred in principle, misapprehended the facts or he is clearly shown to have been wrong.
Brooke LJ
Times 11-May-1999, [1999] EWCA Civ 1010
England and Wales
Cited – Wells v Mutchmeats Ltd and Another CA 28-Feb-2006
. .
Cited – Whitehead v Bruce and Others CA 21-Mar-2013
The three defendants each appealed against apportionment of liability for serious personal injuries incurred in a road traffic accident. The first defendant a motor cycle driver, with the claimant his pillion passenger took suddent action to evade a . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.145925
The applicants sought an extension of time to apply to set aside leave to appeal given to their opponents.
Held: The cause of the respondent seemed weak, but raised a point of law which needed determination and the appeal should be allowed to go ahead.
Peter Gibson LJ, Hale LJ
[1999] EWCA Civ 1032
England and Wales
Cited – Henderson v Henderson 20-Jul-1843
Abuse of Process and Re-litigation
The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings.
Sir James Wigram VC said: ‘In trying this question I believe I state the rule . .
Appeal from – Regina v South Bank University ex parte Anyanwu Admn 27-Jun-1996
The university was concerned at the way it saw the students’ union being run, and imposed a constitution which resulted in the claimants being dismissed. The claimants sought judicial review of the imposition of the new constitution, but that was . .
See Also – Anywanwu and Another v South Bank Students Union and others EAT 12-Sep-1997
. .
Leave – Anyanwu and Another v South Bank Students’ Union and Another CA 4-Nov-1999
A university was not acting in a racially discriminatory manner because of the acts of its student union in dismissing two workers after the university had itself expelled them as students. The term ‘knowingly aided’ in the Act was not to be read so . .
Leave – Anyanwu and Another v South Bank Student Union and Another HL 24-May-2001
The university had imposed a new constitution on its students union, which resulted in the dismissal of the claimant. He sought to assert racial discrimination.
Held: The concept of ‘aiding’ somebody in committing discriminatory behaviour . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.145947
The plaintiff applied for an extension of time to file her appeal having been given leave ex parte. The defendant opposed the application. She had been awarded damages for wrongful eviction, but the level of damages awarded had been less than the sum paid in by the defendant, and so she was liable in costs. She said that the court had not taken account of a painting removed by the defendant. Her solicitors had been at fault in calculating the day on which the appeal had to be filed.
Held: Leave to file the appeal out of time was given. The delay was trivial, and there had been no prejudice arising from it.
Peter Gibson, Auld LJJ
[1999] EWCA Civ 958
England and Wales
See Also – Hougie v Kranat CA 26-Nov-1998
The plaintiff sought leave to appeal against the level of damages awarded to her in her claim for wrongful eviction, and against the costs award made after the award had failed to meet the amount paid into court. She said that by omitting a painting . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.145873
The defendant requested access to the plaintiff’s property to measure movement, as part of associated litigation, involving a negligent survey by the defendants. The plaintiffs claimed the building was beyond repair and required to be demolished.
Held: The monitoring could have been carried out before. Decisions had already been made which would make the monitoring irrelevant, and permission was refused.
Lord Justice Brooke
[1999] EWCA Civ 898
England and Wales
Updated: 05 December 2022; Ref: scu.145813
In a claim for possession of residential premises, the defendant who was the gay partner of the deceased tenant, to have succeeded to his partner’s tenancy as a member of his family.
Held: A court may adjourn a case pending the outcome of an appeal to the House of Lords in an appropriate case even where the issue at stake has already been decided by the Court of Appeal, provided the court allowed for prejudice to either party.
Hirst LJ
Times 18-Mar-1999, [1999] EWCA Civ 831
England and Wales
Distinguished – Regina v Walsall Justices, ex parte W (a minor) QBD 1990
A youth was charged with causing grievous bodily harm. His trial was fixed for 11 October 1988. On the date of trial, the prosecution applied for an adjournment on the grounds that, if the trial proceeded immediately and the magistrates decided that . .
Cited – North British Housing Association Ltd v Matthews, Same v Others CA 21-Dec-2004
In each case the tenants requested adjournment of the possession proceedings brought against them by the landlord for arrears of rent to allow them time to bring the arrears below the level at which a possession order could be made. In each case it . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.145746
A slot charterer had a right in a ship, even if only of a part of the ship, and so a claim under the agreement to arrest a sister ship of the chartering company could be heard within the Admiralty Court’s jurisdiction.
Moore-Bick VP CA, Tomlinson LJJ, Keehan J
Times 30-Apr-1999, Gazette 06-May-1999, [1999] EWCA Civ 1150
Supreme Court Act 1981 21(4)(b)
England and Wales
Cited – Attica Sea Carriers Corporation v Ferrostaal Poseidon Bulk Reederei GmbH, The Puerto Buitrago CA 1976
The parties entered into a charterparty by demise of a bulk carrier. It was in a state of disrepair. The owners required the charterers to repair it before redelivery, and claimed hire losses until it was returned repaired. The extensive repairs . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.84103
Appeal from a decision to refuse the Claimant relief from the automatic sanctions in CPR 32.10 which prevent him calling evidence at trial because his witness statements were served later than the time directed by the court.
Mrs Justice Yip DBE
[2020] EWHC 1236 (QB)
England and Wales
Updated: 04 December 2022; Ref: scu.651231
[1970] 1 QB 393, [1969] 3 All ER 456
England and Wales
Updated: 04 December 2022; Ref: scu.651252
Appeal from an order granting summary judgment to the respondent, Lenkor Energy Trading DMCC, in respect of its common law action for debt owed to it by the appellant under a judgment of the Dubai First Instance Court against the appellant in favour of Lenkor Dubai. The appellant relied on the defence that the recognition of the Dubai FIC judgment in England and enforcement in England of a debt claim arising under that judgment would be contrary to public policy.
Murray J
[2020] EWHC 1432 (QB)
England and Wales
Updated: 04 December 2022; Ref: scu.651241
Appeal from a decision to continue a fact-finding hearing in care proceedings concerning four young children in circumstances where leading counsel for one of the parents cannot be physically present because she is required to shield from the Covid-19 infection.
Lord Justice Peter Jackson
[2020] EWCA Civ 734
England and Wales
Updated: 04 December 2022; Ref: scu.651254
Can a Claimant who has permission to ‘further exchange . . expert medical reports . . limited to issues arising from . . surveillance footage and the Claimant’s witness statement’, in circumstances such as those which apply in this case, proceed to instruct their expert to conduct a re-examination of the Claimant and produce an updating report which deals generally with the Claimant’s medical position as well as addressing the surveillance footage and witness statement? Or is the Claimant limited to simply producing a report limited to the issues arising from the surveillance evidence and the Claimant’s explanatory statement?
McCloud M
[2020] EWHC 1119 (QB)
England and Wales
Updated: 04 December 2022; Ref: scu.651213
[2020] EWHC 1340 (Admin)
England and Wales
Updated: 04 December 2022; Ref: scu.651094
Disclosure of documents
Mr Justice Fancourt and Master Kaye
[2020] EWHC 1355 (Ch)
England and Wales
See Also – Breitenbach and Others v Canaccord Genuity Financial Planning Ltd (1354) ChD 18-May-2020
. .
Lists of cited by and citing cases may be incomplete.
Updated: 04 December 2022; Ref: scu.651119
Claims management conference – Claimant’s applications for partial summary judgment and the striking out of the Defendant’s counterclaim.
Christopher Hancock QC (sitting as a Judge of the High Court)
[2019] EWHC 1952 (Comm)
England and Wales
Updated: 04 December 2022; Ref: scu.642064
Post judgment issues
[2020] EWHC 1323 (Ch)
England and Wales
Updated: 04 December 2022; Ref: scu.650951
Richards LJ, Mitting J
[2013] EWHC 3068 (Admin)
England and Wales
Updated: 04 December 2022; Ref: scu.516543
Austlii (Supreme Court of New South Wales – Court of Appeal) CORPORATIONS – derivative action – sections 236 and 237 Corporations Act 2001 (Cth) – meaning of ‘proceedings on behalf of a company’ – whether using a statutory derivative action to cause the company to bring a general law derivative action would be considered ‘proceedings on behalf of a company’ – meaning of ‘proceedings’ – meaning of ‘on behalf of a company’ – distinction between the rights of members or shareholders and officers or directors under section 236 – whether a person bringing proceedings on behalf of a company must assert a cause of action for the benefit of the company – CORPORATIONS – derivative action – general law – whether leave is required to commence a derivative action at general law – distinction between leave to commence proceedings and a trial of a preliminary issue – history of the procedure for bringing a derivative action – CORPORATIONS – membership, rights and remedies – reflective loss – whether a shareholder of a holding company can obtain a remedy for loss suffered by a subsidiary company – DAMAGES – general principles – reflective loss – whether a shareholder of a holding company can obtain a remedy for loss suffered by a subsidiary company – whether the losses are to be considered separate – EQUITY – equitable remedies – whether the reflective loss principle applies to equitable remedies – APPEAL AND NEW TRIAL – appeal – general principles – points and objections not taken below – requirement to examine the pleadings and the oral and written admissions – whether argument sought to be raised on appeal was argued at trial – EMPLOYMENT LAW – the relationship of employer and employee – whether property was created in the course of employment – whether property belongs to the employer or employee – STATUTORY INTERPRETATION – sections 236 and 237 Corporations Act 2001 (Cth) – whether section 237 is to be interpreted independently of section 236 – whether upon meeting the requirements of section 237 the court must grant leave – interpretation of legislative provisions in context – WORDS AND PHRASES – ‘proceedings’ – ‘on behalf of’ – ‘reflective loss’
Spigelman CJ Allsop P Campbell JA
[2009] NSWCA 183
Australia
Cited – Roberts v Gill and Co Solicitors and Others SC 19-May-2010
The claimant beneficiary in the estate sought damages against solicitors who had acted for the claimant’s brother, the administrator, saying they had allowed him to take control of the assets in the estate. The will provided that property was to be . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 December 2022; Ref: scu.415963
Hughes LJ said: ‘it is essential that the duty of candour laid upon any applicant for an order without notice is fully understood and complied with. It is not limited to a duty not to misrepresent. It consists in a duty to consider what any other interested party would, if present, wish to advance by way of fact, or say in answer to the application, and to place that material before the judge. The duty applies to an applicant for a restraint order under POCA in exactly the same way as to any other applicant for an order without notice. Even in relatively small value cases, the potential of a restraint order to disrupt other commercial or personal dealings is considerable. The prosecutor may believe that the defendant is a criminal, and he may turn out to be right, but that is yet to be proved. An application for a restraint order is emphatically not a routine matter of form, with the expectation that it would be routinely granted. The fact that the initial application is likely to be forced into a busy list, with very limited time for the judge to deal with it, is yet further reason for the obligation of disclosure to be taken very seriously. In effect, the prosecutor seeking an ex parte order must put on his defence hat and ask himself what, if he were representing the defendant or a third party with a relevant interest, he would be saying to the judge, and, having answered that question, that is what he must tell the judge.’
Sir Andrew Morritt Ch, Arden, Hughes LJJ
[2010] EWCA Civ 137, [2011] 1 Ch 33, [2010] Lloyds Rep FC 357, [2010] 3 WLR 941, [2010] BPIR 679, [2010] Bus LR 1270
Cross Border Insolvency Regulations 2006
England and Wales
Appeal from – In re Stanford International Bank Ltd and Others ChD 3-Jul-2009
Sir Andrew Morritt explained the relationship of the Regulation, the Model Law, and the still earlier European Convention on Insolvency Proceedings: ‘To understand the arguments and explain my conclusion it is necessary to consider the evolution of . .
See Also – In re Stanford International Bank Ltd and Others ChD 9-Jul-2009
One of the parties wanted to request permission to appeal, but had not done so at the hearing. The court considered whether it had power to do so at a later hearing.
Held: It did not. The Rules set out a deliberately prescriptive regime which . .
Appeal from – Stanford International Bank Ltd v Director of The Serious Fraud Office SC 15-Feb-2012
The Court heard an interim application to decide whether an appeal to the Supreme Court existed under the 2002 Act. A restraint order had been made as to the appellants assets.
Held: The statutory provisions substituting the Supreme Court for . .
Cited – AB and Another, Regina (on The Application of) v Huddersfield Magistrates’ Court and Another Admn 10-Apr-2014
The claimants challenged the lawfuness of search warrants issued by the respondent court. They were solicitors, and were related to a person suspected of murder who was thought to have fled the country. The officers were looking for evidence that . .
Cited – Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another SC 8-May-2014
Costs of Wrongly Appointed Receiver
‘The contest in this case is about who should bear the costs and expenses of a receiver appointed under an order which ought not to have been made. The appellant, who is a former partner in a well known firm of accountants, was appointed to act as . .
Cited – Mills and Another, Regina (on The Application of) v Sussex Police and Another Admn 25-Jul-2014
The claimants faced criminal charges involving allegations of fraud and corruption. They now challenged by judicial review a search and seizure warrant saying that it was unlawful. A restraint order had been made against them and they had complied . .
Cited – Haralambous, Regina (on The Application of) v Crown Court at St Albans and Another SC 24-Jan-2018
The appellant challenged by review the use of closed material first in the issue of a search warrant, and subsequently to justify the retention of materials removed during the search.
Held: The appeal failed. No express statutory justification . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 December 2022; Ref: scu.401845
1984 SLT 149 F
Scotland
Cited – Farstad Supply As v Enviroco Ltd and Another SCS 23-Apr-2008
(Outer House) The pursuers alleged that the defendant service company was responsible in negligence for damage by fire to its oil rig supply vessel. It was said that oil they had failed to clear was released by piping when opened flowing onto a hot . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 December 2022; Ref: scu.410553
[2008] EWHC B23 (QB)
England and Wales
Updated: 04 December 2022; Ref: scu.341886
Fom October 1 2008, judges will cease to wear wigs, but will instead wear colour coded gowns to indicate rank.
Lord Phillips of Worth Matravers, CJ
Times 19-Aug-2008
England and Wales
Updated: 04 December 2022; Ref: scu.279806
An information was laid in the name of the Queen. The defendant requested a non-suit saying that she had not appeared at court.
Held: The objection failed. The Queen was deemed ‘always present’ in court.
[1583] Sav 56, (1583) 123 ER 1010
England and Wales
Updated: 04 December 2022; Ref: scu.273043
Application for permission to appeal.
[2008] EWCA Civ 344
England and Wales
Updated: 04 December 2022; Ref: scu.266794
A judgment was signed when the Court’s offices opened at 11 am but the defendant had died at 9.30 the same morning. The Court held that the judgment was regular, applying the rule that judicial acts, being acts of the Crown, have precedence over private transactions which take place on the same day. The application of the rule did not not necessarily involve any fiction as to the time when the act and the transaction respectively occurred.
Pollock CB and Watson B
(1859) 4 HN 488
England and Wales
Applied – Edwards v Regina CExc 1854
The process of execution in respect of a Crown debt prevailed over the transfer of the personal estate of a bankrupt to an official assignee which took place earlier on the same day. Significantly, the Court’s judgment added that even if the . .
Cited – Re Palmer (A Deceased Debtor), Palmer v Palmer CA 6-Apr-1994
Property had been conveyed to the deceased and the appellant, his widow, to be held as joint tenants. The deceased dies whilst under investigation for defalcations as a solicitor, and an insolvency administration order was obtained in the estate. . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 December 2022; Ref: scu.267519
The defendants appealed against a specific disclosure order in a case involving the questioning of the admnistration of an estate.
Held: The appeal failed. The court was entitled to take a pragmatic approach as necessary to achieve the overriding objective. The power used was part of the court’s discretionary case management powers and should not be interferered with.
Times 05-Feb-2008
England and Wales
Updated: 04 December 2022; Ref: scu.266305
Whether an amendment should be allowed to pleadings shortly before the trial.
[1999] EWCA (Civ) 1522
England and Wales
See Also – Woods v Chaleff and others SCCo 30-Apr-2002
. .
Cited – Iggleden v Fairview New Homes (Shooters Hill) Ltd TCC 1-Jun-2007
The claimants bought a newly built home from the defendants. Defects were alleged and admitted, but the defendants said the claimants had failed to mitigate their losses or accept offers to have work done. The claimants now sought leave to add . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 December 2022; Ref: scu.263202
Lopes LJ discussed how a court should determine a party’s intention: ‘in order to determine a person’s intention at a given time, you may regard not only conduct and acts before and at the time, but also conduct and acts after the time, assigning to such conduct and acts their relative and proper weight and cogency.’
Lopes LJ
(1888) 40 Ch D 216
England and Wales
Cited – Gaines-Cooper v HM Revenue and Customs ChD 13-Nov-2007
The parties disputed the domicile of the tax-payer. He had a domicile of origin in the UK, but asserted that he had acquired a domicile of choice in the Seychelles. The Special Commissioners had allowed, in assessing the domicile at any time, of . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 December 2022; Ref: scu.261300
The Attorney general was entitled to discontinue an application for a vexatious litigant order.
[2007] EWHC 2650 (Admin)
England and Wales
Updated: 04 December 2022; Ref: scu.261377
The applicant was joint tenant of a council property. She suffered domestic violence, and said she was advised by the local authority to surrender her tenancy on the basis that they would rehouse her. She did so. The authority refused to provide a new tenancy, but would not rescind the surrender, and denied giving the advice. She sought judicial review of their refusal, and the authority appealed grant of an interim injunction.
Held: The evidence suggested that the council had given proper consideration of the issues raised by the claimant as required in Mohammed. The injunction granted without notice was granted wrongly.
Munby J
[2007] EWHC 2299 (Admin)
England and Wales
Cited – Regina v Camden London Borough Council, Ex Parte Mohammed Admn 23-May-1997
A local authority’s policy of not giving interim accommodation, pending a review of their refusal of an application for housing assistance, was not unlawful. In exercising their discretion the authority have to balance the objective of maintaining . .
Cited – Regina v Brighton and Hove Council ex parte Nacion (2) CA 1-Feb-1999
The applicant sought review of a decision not to offer him temporary accomodation pending an appeal following a review of a refusal to offer him emergency accomodation. He had become homeless as a result of imprisonment.
Held: The section gave . .
Cited – Regina v London Borough of Newham ex parte Lumley Admn 28-Jan-2000
. .
Cited – Regina v Kensington and Chelsea Royal London Borough Council Ex parte Hammell CA 1989
Parker LJ said of the plaintiff’s application for a review of the decision on her homelessness application: ‘She is entitled to protection with regard to her public law right to have the necessary inquiries made and the decision properly made . . . .
Cited – Moat Housing Group-South Ltd v Harris and Another CA 16-Mar-2005
The defendant family was served without notice with an anti-social behaviour order ordering them to leave their home immediately, and making other very substantial restrictions. The evidence in large part related to other people entirely.
Lists of cited by and citing cases may be incomplete.
Updated: 04 December 2022; Ref: scu.260008
Application for civil proceedings order.
[2007] EWHC 1729 (Admin)
England and Wales
Updated: 04 December 2022; Ref: scu.258405
A without prejudice admission that a document was in the handwriting of one of the parties was received in evidence because it was independent of the merits of the case.
(1794) 1 Esp 142
England and Wales
Cited – Rush and Tompkins Ltd v Greater London Council and Another HL 1988
Use of ‘Without Prejudice Save as to Costs”
A sub-contractor sought payment from the appellants under a construction contract for additional expenses incurred through disruption and delay. The appellants said they were liable to pay the costs, and were entitled to re-imbursement from the . .
Cited – Rush and Tomkins Ltd v Greater London Council HL 3-Nov-1988
The parties had entered into contracts for the construction of dwellings. The contractors sought payment. The council alleged shortcomings in the works. The principal parties had settled the dispute, but a sub-contractor now sought disclosure of the . .
Cited – Ofulue and Another v Bossert HL 11-Mar-2009
The parties disputed ownership of land, one claiming adverse possession. In the course of negotations, the possessor made a without prejudice offer to purchase the paper owner’s title. The paper owner claimed that this was an acknowledgement under . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 December 2022; Ref: scu.253692
The court refused to order the production of letters which had passed ‘without prejudice’. Lord Langdale MR observed that he ‘did not see how the plaintiff could get over this express agreement, though he did not agree, that the right of discovery was limited to the use which could be made of it in evidence.’ Production can be ordered of documents even though they may not be admissible in evidence.
Lord Langdale MR
[1848] EngR 406 (A), (1848) 11 Beav 111
England and Wales
Cited – Rabin v Mendoza and Co CA 1954
The plaintiffs sued the defendants for negligence in surveying a property. Before the action commenced a meeting had taken place between the plaintiffs’ solicitor and a partner in the defendants’ firm of surveyors to see if the matter could be . .
Cited – Ofulue and Another v Bossert HL 11-Mar-2009
The parties disputed ownership of land, one claiming adverse possession. In the course of negotations, the possessor made a without prejudice offer to purchase the paper owner’s title. The paper owner claimed that this was an acknowledgement under . .
Cited – Ofulue and Another v Bossert HL 11-Mar-2009
The parties disputed ownership of land, one claiming adverse possession. In the course of negotations, the possessor made a without prejudice offer to purchase the paper owner’s title. The paper owner claimed that this was an acknowledgement under . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 December 2022; Ref: scu.253696
Gibson J
[1981] 1 Ll R 642
England and Wales
Followed – Transmountana Armadora v Atlantic Shipping 1978
Donaldson J discussed the nature of a sealed offer in arbitration proceedings: ‘Although the respondents’ offer of settlement has been referred to as an ‘open offer’, this is a misnomer. Offers of settlement in arbitral proceedings can be of three . .
Cited – Cutts v Head and Another CA 7-Dec-1983
There had been a trial of 35 days regarding rights of way over land, which had proved fruitless, and where some orders had been made without jurisdiction. The result had been inconclusive. The costs order was now appealed, the plaintiff complaining . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 December 2022; Ref: scu.254332
Appointment of litigation friend.
Lord Justice Keene Mr Justice Wilson Lord Justice Pill
[2006] EWCA Civ 381
England and Wales
Updated: 01 December 2022; Ref: scu.240172
A judgment in trespass is not a bar to an action in conversion.
(1626) Cro Car 35
England and Wales
Updated: 01 December 2022; Ref: scu.242623
[2005] All ER (D) 294, [2005] EWHC 1152, [2005] BCC 99, Times 31-May-2005
Civil Procedure Rules 19.9, Companies Act 1985 151
England and Wales
Updated: 01 December 2022; Ref: scu.237278
(Court of Appeal in Guyana) An appellate court ought to act very cautiously before deciding to overturn findings of fact by a trial judge, even where it inclines to the view that the trial judge’s treatment of the evidence in a written judgment had not been as thorough as it might have been.
(1999) 60 WIR 270
England and Wales
Cited – Kwasi Bekoe v Horace Broomes PC 31-Oct-2005
PC (Trinidad and Tobago) The appellant defendant was an attorney-at-law, and the respondent a senior magistrate who was said to have accused the claimant of having given a bribe. The appellant challenged the . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 December 2022; Ref: scu.237484
(Bristol Mercantile Court) The power to extend time to challenge the court’s jurisdiction in a matter was assumed to exist.
HH Judge Havelock-Allen QC
[2005] 1 Lloyd’s Rep 580
England and Wales
Cited – Sawyer v Atari Interactive Inc ChD 1-Nov-2005
The claimant owned the copyright in several successful computer games. He had granted licenses for the use of the software, which licences were assigned to the defendants. Disputes arose as to the calculation of royalty payments, and the claimant . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 December 2022; Ref: scu.237261
An alien enemy living in England by the King’s licence and under his protection could bring a court action.
(1697) 1 Ld Raym 292
England and Wales
Cited – Amin v Brown ChD 27-Jul-2005
The defendant raised as a preliminary point the question of whether the claimant, an Iraqi, was an enemy alien, and therefore debarred from bringing proceedings to recover.
Held: Under modern law it could not be a requirement that a state of . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 December 2022; Ref: scu.230000
The rule that an enemy alien may not prosecute an action is based on public policy, namely the need for the protection of the state in time of war.
[1943] AC 203
England and Wales
Cited – Amin v Brown ChD 27-Jul-2005
The defendant raised as a preliminary point the question of whether the claimant, an Iraqi, was an enemy alien, and therefore debarred from bringing proceedings to recover.
Held: Under modern law it could not be a requirement that a state of . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 December 2022; Ref: scu.230004
Renewed application for permission to appeal.
Brooke LJ, Mummery LJ
[2002] EWCA Civ 312
England and Wales
See Also – Hayes v Charman Underwriting Agencies Ltd EAT 24-Jul-2000
. .
See Also – Hayes v Charman Underwriting Agencies Ltd EAT 19-Dec-2000
EAT Sex Discrimination – Direct
EAT Sex Discrimination – Direct . .
Appeal from – Hayes v Charman Underwriting Agencies Ltd EAT 19-Nov-2001
EAT Sex Discrimination – Direct . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 December 2022; Ref: scu.216927
The defendants were Mineralimportexport and a freezing injunction was initially granted to prevent them from removing from the jurisdiction (just before Christmas) a cargo on a third party’s vessel which was only on voyage charter to Mineralimportexport.
Held: The Court categorically refused to continue the interim injunction on any terms, since it could effectively block the third party’s vessel indefinitely.
The effect on third parties should be taken into account when granting an interim injunction.
Eveleigh LJ said: ‘I regard it as absolutely intolerable that the fact that one person has a claim for a debt against another, that third parties should be inconvenienced in this way, not only to affect their freedom of trading but their freedom of action generally speaking.’
Kerr LJ said: ‘But where the effect of service must lead to interference with the performance of a contract between the third party and the defendant which relates specifically to the assets in question, the right of the third party in relation to his contract must clearly prevail over the plaintiff’s desire to secure the defendant’s assets for himself against the day of judgment . .
Where the effect of service of the injunction on the third party substantially interferes with the third party’s business, the rights of the third party must in my view always prevail over the desire of the plaintiff to secure the ultimate recovery of debts or damages from the defendant with which the third party is in no way concerned.’
and ‘ A Plaintiff seeking to secure an alleged debt or damages due from the Defendant, by an order preventing the disposal of assets of the Defendant, cannot possibly be entitled to obtain the advantage of such an order for himself at the expense of the business rights of an innocent third party, nearly by proffering him an indemnity in whatever form.’
Eveleigh LJ, Kerr LJ
[1982] 1 WLR 539, [1982] 1 All ER 796
England and Wales
Cited – Miller Brewing Co v Ruhl Enterprises Ltd and another ; Miller Brewing Co v Mersey Docks and Harbour Co amd Others ChD 23-May-2003
The claimant obtained an interim injunction in respect of alleged infringement of its trade marks in beers brewed under licence by the respondents. They said the beers produced were of inferior quality, and threatened the brand. The grant of such . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 December 2022; Ref: scu.183837
A debt or liability arising in any country may be discharged by the laws of that country, and that such a discharge, if it extinguishes the debt or liability, and does not merely interfere with the remedies or course of procedure to enforce it, will be an effectual answer to the claim, not only in the courts of that country, but in every other country.
Lord King
(1726) 2 Stra 733
England and Wales
Cited – Ellis v M’Henry CCP 1871
A debt or liability arising in any country may be discharged by the laws of that country, and such a discharge, if it extinguishes the debt or liability, and does not merely interfere with the remedies or course of procedure to enforce it, will be . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 December 2022; Ref: scu.183529
Lord Mansfield
(1784) Cooke’s Bankrupt Laws 419
England and Wales
Cited – Ellis v M’Henry CCP 1871
A debt or liability arising in any country may be discharged by the laws of that country, and such a discharge, if it extinguishes the debt or liability, and does not merely interfere with the remedies or course of procedure to enforce it, will be . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 December 2022; Ref: scu.183530
The claim was dismissed based on the finding of the learned Judge on the affidavit evidence before him that the pleadings did not disclose any reasonable cause of action: ‘when one cones to consider the inherent jurisdiction, one is entitled to look at the evidence, and evidence chat has been put in’.
Mr Justice Whitford said: ‘Equally, a long line of authorities has decided that it is only in the plainest and most obvious cases that it would be appropriate to strike out under this particular head and it has been held that a reasonable cause of action means a cause of action with some chance of success and, under this head, you have got to decide if there is a chance of success, considering only the allegations in the pleadings which go only to this, that the acts the subject of complaint, if proved, must make out an arguable case …’
Mr Justice Whitford
[1988] FSR 1 6
England and Wales
Cited – Arsenal Football Club plc and Others v Elte Sports Distribution Ltd ChD 10-Dec-2002
The claimant alleged that the respondent had unlawfully made use of photographs of its footballers in a calendar. The respondent asked the court to strike out the claim as merely speculative, and the claimant sought pre-action disclosure.
Lists of cited by and citing cases may be incomplete.
Updated: 01 December 2022; Ref: scu.181820
(21 June 1995, unreported
England and Wales
Cited – Patel and Another v Daybells (a Firm) CA 27-Jul-2001
Land was purchased and a resale negotiated before it was registered. An undertaking was accepted that the seller’s solicitor would discharge all charges. The purchasers sought to avoid completion by saying the Act required them to be registered . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 December 2022; Ref: scu.182858
The court has power in costs proceedings to order the receiving party to disclose such documents, orginally to the court, as are necessary to make its decision.
Held: It would be rare to exercise this discretion.
[1988] 1 WLR 1238
Rules of the Supreme Court Order 62, rule 29
England and Wales
Cited – Hollins v Russell etc CA 22-May-2003
Six appeals concerned a number of aspects of the new Conditional Fee Agreement.
Held: It should be normal for a CFA, redacted as necessary, to be disclosed for costs proceedings where a success fee is claimed. If a party seeks to rely on the . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 December 2022; Ref: scu.182518
An offer to settle must be backed by a payment into court in debt actions. The defendant here could have protected his position by a payment into court, and therefore a Calderbank offer was ineffective.
Ind Summary 27-Jun-1994, [1996] PIQR Q110
Rules of the Supreme Court 22.14
England and Wales
Cited – Butcher v Wolfe and Another CA 30-Oct-1998
The parties had been partners in a family farm. On dissolution there was a dispute as to apportionment of costs. An offer had been ‘without prejudice save as to costs’.
Held: Costs may be denied to a plaintiff who had received a Calderbank . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 December 2022; Ref: scu.89274
An undertaking to not use discovery documents still applies after they have been read out in court.
Times 11-Nov-1993
England and Wales
Updated: 01 December 2022; Ref: scu.89273
David Stone (sitting as a Deputy Judge of the High Court)
[2021] EWHC 953 (Ch)
England and Wales
Updated: 01 December 2022; Ref: scu.662215
Application made by the claimants in this action for an order under CPR 31.17 that disclosure of certain documents be given by a third party, RB, who is a former employee of Barclays.
Leggatt J
[2017] EWHC 175 (QB)
England and Wales
Updated: 01 December 2022; Ref: scu.651250
Application to adjourn trial conducted under video to allow face to face hearing.
Johnson J
[2020] EWHC 1445 (QB)
England and Wales
Updated: 01 December 2022; Ref: scu.651244
Appeal from strike out of claim for damages for personal injury arising from clinical negligence on the basis that the expert medical evidence relied upon by the Claimant did not substantiate the claim; although not expressed in his Order, the Master also determined that, had he not struck out the claim, he would have entered summary judgment for the Defendant because of the very long delay between the alleged negligence and the commencement of the action in 2018 and the effect of that delay on the cogency of the evidence.
Mrs Lambert J
[2020] EWHC 1296 (QB)
England and Wales
Updated: 01 December 2022; Ref: scu.651230
Application for pre-action disclosure pursuant to CPR 31.16.
Mr. Justice Jacobs
[2020] EWHC 1416 (Comm)
England and Wales
Updated: 01 December 2022; Ref: scu.651185
Hearing to determine what to do about two extended civil restraint orders (summary)
Birss J
[2019] EWHC 3646 (Ch)
England and Wales
Updated: 01 December 2022; Ref: scu.650972
Application for disclosure of bank statements and an interim account
[2020] EWHC 1247 (Ch)
England and Wales
Updated: 01 December 2022; Ref: scu.650957
Reasons for dismissal of request for permission to appeal.
Mr Justice Murray
[2020] EWHC 1168 (QB)
England and Wales
Updated: 30 November 2022; Ref: scu.650826
Application for permission to make use of documents produced by the Defendant in Employment Tribunal proceedings which he brought against the present Claimant. The second application is the adjourned application by the Claimant for an interim injunction
[2020] EWHC 1194 (QB)
England and Wales
Updated: 30 November 2022; Ref: scu.650825
Pre trial review
Mr Justice Waksman
[2020] EWHC 646 (Comm)
England and Wales
Updated: 30 November 2022; Ref: scu.649244
Application for Norwich Pharmacal relief in support of a private prosecution
[2018] EWHC 3075 (QB)
England and Wales
Updated: 30 November 2022; Ref: scu.631487
A strike out was sought alleging gross delay and an abuse of process.
Held: The strike out was granted both as to the claim and counter claims.
Hamblen J discussed first the issues surrounding delay: ‘In summary, the authorities provide the following guidance:
(1) There are no hard and fast rules. The court has to make a broad judgment having regard to all relevant circumstances and the justice of the case.
(2) The relevant circumstances may include the length of, explanation for and responsibility for the delay; whether the Defendant has suffered prejudice as a result and if so how it can be compensated for, and whether the delay is such that it is no longer possible to have a fair trial.
(3) A defendant cannot let time go by without taking action so where delay does cause prejudice to him he cannot say that it is entirely the fault of the claimant.
(4) In considering what is the just and proportionate order to make the court should have regard to the alternative sanctions to that of striking out provided by the CPR.’
Hamblen J then said ‘ To commence or to continue proceedings which you have no intention to bring to a conclusion may constitute an abuse of process’
Hamblen J
[2013] EWHC 4076 (Admlty), [2014] 1 Lloyd’s Rep 606
England and Wales
Cited – Grovit and others v Doctor and others HL 24-Apr-1997
The plaintiff began a defamation action against seven defendants. Each had admitted publication but pleaded justification. The claims against the fourth to seventh defendants were dismissed by consent, and the third had gone into liquidation. The . .
Cited – Habib Bank Limited v Gulzar Haider Jaffer; Habib Bank Limited v Haider Ladhu Jaffer CA 5-Apr-2000
A major litigation action was characterised by persistent delay on behalf of the plaintiffs. They had failed to follow advice given to them by their solicitors regarding the need to make progress. In the circumstances, the delay could only be . .
Cited – Arbuthnot Latham Bank Limited; Nordbanken London Branch v Trafalgar Holdings Limited; Ashton and Ashton CA 16-Dec-1997
The issue was the appropriateness of a Court striking an action out where there has been considerable delay if: (i) the cause of action relied upon by the plaintiff in the proceedings would be statute barred if the action were to be struck out, but . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 November 2022; Ref: scu.519220
Liquidators of the company brought proceedings alleging fraudulent trading and trading whilst insolvent by its former directors. An application was made for an in-time application for an extension of time for disclosure.
Held: The Court should scrutinise an application for extension more rigorously than before the Jackson reforms and must firmly discourage any easy assumption that an extension would be granted simply on the ground that it would not involve prejudice to the other side. Even so the application succeeded.
Henderson J said: ‘On the other hand I think it is important not to go to the other extreme, and not to encourage unreasonable opposition to extensions which are applied for in time and which involve no significant fresh prejudice to the other parties. In cases of that nature, considerations of cost and proportionality are highly relevant, and the wider interests of justice are likely to be better served by a sensible agreement, or a short unopposed hearing, than by the adoption of entrenched positions and the expenditure of much money and court time in preparing for and dealing with an application that could have been avoided.
I would also observe that, although all court orders mean what they say, and must be complied with even if made by consent, there are some orders relating to the completion of specified stages in preparation for trial (such as disclosure, the exchange of witness statements or a timetable for expert evidence) where there may still be so many imponderables when the order is made that the date for compliance cannot sensibly be regarded as written in stone. Everything will always depend on the circumstances of the particular case, and the stage in the proceedings when the order is made, but in many such cases it should be understood that there may be a need for reasonable extensions of time or other adjustments as the matter develops. It would, I think, be unfortunate if the new and salutary emphasis on compliance with orders were to lead to a situation where, in cases of the general type I have described, a reasonable request for an extension were to be rejected in the hope that the court might be persuaded to refuse any extension at all.’
Henderson J
[2013] EWHC 2882 (Ch)
England and Wales
Cited – Kaneria v Kaneria and Others ChD 15-Apr-2014
The parties were embroiled in a company dispute with allegations of conduct prejudicial to minority shareholders. An application was now made for sanctions for a failure to comply with court directions.
Held: Unless and until a higher Court . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 November 2022; Ref: scu.516285
The court considered whether it had power to award a post judgment interest at a contractual rather than the statutory interest rate.
Held: There is no power of the court in this claim to add any amount beyond the statutory interest to the amount of the judgment debt, and that applies both to the contractual interest and, if the point had still been live, the amount of the facility fee.
Cooke J
[2013] EWHC 1282 (Ch)
England and Wales
Cited – Rocco Giuseppe and Figli v Tradax Export SA 1983
The Court has no power to award a different rate of interest from the statutory rate. . .
Cited – Director General of Fair Trading v First National Bank HL 25-Oct-2001
The House was asked whether a contractual provision for interest to run after judgment as well as before in a consumer credit contract led to an unfair relationship.
Held: The term was not covered by the Act, and was not unfair under the . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 November 2022; Ref: scu.514953
[1792] EngR 2477, (1792) Cro Car 67, (1792) 79 ER 661 (A)
England and Wales
Updated: 30 November 2022; Ref: scu.360689
[2000] EWHC 638 (Admin)
England and Wales
Updated: 30 November 2022; Ref: scu.331016
Appeal against order for inspection of medical report.
[2006] EWCA Civ 1905
England and Wales
Updated: 30 November 2022; Ref: scu.266551
[2008] EWCA Civ 270
England and Wales
Updated: 30 November 2022; Ref: scu.266496
[2008] EWCA Civ 54
England and Wales
Updated: 30 November 2022; Ref: scu.266000
(Ontario High Court) Fraser J said: ‘I am of opinion that in this jurisdiction a party to a correspondence within the ‘without prejudice’ privilege is, generally speaking, protected from being required to disclose it on discovery or at trial in proceedings by or against the third party.’
[1968] 1 DR 642
Canada
Appeal from – I Waxman and Sons Ltd v Texaco Canada Ltd 2-Jan-1968
(Court of Appeal of Ontario) The court approved the decision below. . .
Cited – Rush and Tompkins Ltd v Greater London Council and Another HL 1988
Use of ‘Without Prejudice Save as to Costs”
A sub-contractor sought payment from the appellants under a construction contract for additional expenses incurred through disruption and delay. The appellants said they were liable to pay the costs, and were entitled to re-imbursement from the . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 November 2022; Ref: scu.253701
(Court of Appeal of Ontario) The court approved the decision below.
[1968] 2 OR 452
Canada
Appeal from – I Waxman and Sons Ltd v Texaco Canada Ltd 1968
(Ontario High Court) Fraser J said: ‘I am of opinion that in this jurisdiction a party to a correspondence within the ‘without prejudice’ privilege is, generally speaking, protected from being required to disclose it on discovery or at trial in . .
Not followed – Schetky v Cochrane and the Union Funding Co 1918
(Court of Appeal in British Columbia) The court ordered oral discovery to be given to a defendant of negotiations between the plaintiff and another defendant in the action but held that on the trial there would be no higher right to use the . .
Cited – Rush and Tompkins Ltd v Greater London Council and Another HL 1988
Use of ‘Without Prejudice Save as to Costs”
A sub-contractor sought payment from the appellants under a construction contract for additional expenses incurred through disruption and delay. The appellants said they were liable to pay the costs, and were entitled to re-imbursement from the . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 November 2022; Ref: scu.253700
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 appealed that order, the defendant denied that an appeal lay.
Held: The appeal succeeded. An order such as this was a final order so as to allow an appeal to the Court of Appeal rather than to the High Court. The claimant said that the court should have put the defendant to its election. The judge had been wrong to listen to the submission without first putting the defendant to an election. He had done so because he had found the claimant’s evidence not credible. The failure to put the defendant to the election deprived the claimant of her right to ask the court to draw adverse influences from any failure to put evidence forward.
Lord Justice Brooke (Vice President of the Court of Appeal, Civil Division) Lord Justice Rix Lord Justice Maurice Kay
Times 20-Mar-2006, [2006] EWCA Civ 92
Access to Justice Act 1999 (Destination of Appeals) Order 2000 49a)
England and Wales
Cited – Mills v Barnsley Borough Council CA 1992
The court considered the extent of defect in a highway needed to found a claim that it was dangerous. It emphasised that the duty must not be made too high, balancing the public need against the private interest.
Steyn LJ said: ‘For my part I . .
Cited – Scribes West Limited v Relsa Anstalt and Another (No 2) (Practice Note) CA 20-Jul-2004
The court gave guidance on the destination of appeals from county court cases. It was vital to identify the precise nature of the order under appeal: ‘The judges of this court (and the staff at the Civil Appeals Office) have to interpret the order . .
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 – Lawrie v Raglan CA 1942
The court considered the obligation on a judge to put a defendant to his election before hearing a submission on whether there was a case to answer. It was unfortunate that the judge had not followed the practice ‘which ought to be followed in such . .
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 – Mullen v Birmingham City Council QBD 29-Jul-1999
Under the new rules, judges were required to take greater control over court proceedings, and accordingly had the power to entertaining a submission of no case to answer at the close of the claimant’s case and without first requiring the defendant . .
Cited – Miller (T/A Waterloo Plant) v Cawley CA 30-Jul-2002
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 . .
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 Company CA 2-Nov-2001
Latham LJ said: ‘it will only be in a rare case that the judge should be asked to determine the issues before him before all the evidence has been completed. However, it seems to me that, if a judge concludes at the end of a claimant’s evidence, . .
Cited – Lloyd v John Lewis Partnership CA 1-Jul-2001
The judge allowed the defendant’s submission of no case to answer without putting them to their election and again the claimant’s appeal succeeded. The trial judge had been persuaded that the rule in Alexander -v- Rayson had been altered by the . .
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 November 2022; Ref: scu.239882
His Honour Peter Coulson Q.C.
[2006] EWHC 257 (TCC)
England and Wales
Updated: 30 November 2022; Ref: scu.239885
[2002] EWCA Civ 187
England and Wales
Updated: 30 November 2022; Ref: scu.216681
Applications for leave to appeal against court orders – no prospect of success. Applications refused.
[2001] EWCA Civ 1801
England and Wales
Updated: 30 November 2022; Ref: scu.201543
Application for leave to appeal – adjourned for on notice hearing.
[2001] EWCA Civ 1971
England and Wales
Updated: 30 November 2022; Ref: scu.201540
(Trinidad and Tobago) Pending an appeal the Court of Appeal has jurisdiction to stay execution of a possession order made by the magistrate.
Ibrahim JA
(Unreported 1991), Mag App no 264 of 1991
England and Wales
Applied – Bibby and others v Sumintra Partap and others PC 20-May-1996
(Trinidad and Tobago) The Court of Appeal of Trinidad and Tobago had the power to suspend a possession order against a trespasser pending the outcome of an appeal. . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 November 2022; Ref: scu.182179
The parties had had a fight and claimed against each other for assault. The judge had to identify which party had started the fight. Having heard their evidence and that of the claimant’s son, the judge warned counsel that he could not decide the issue; and in due course, without apparently any express explanation for his difficulties, he dismissed both claims by reference to the burden of proof.
Held: The judge had been entitled so to do. Chadwick LJ: the case was of the exceptional type described in Morris and he distinguished Sewell as being a case in which the evidence was expert and inherently credible. Sedley LJ: there would be the occasional case in which the common path to the resolution of the ultimate issue, namely who was telling the truth, was blocked by an intractable evidential tangle.
Chadwick LJ, Sedley LJ
[1999] EWCA Civ 640
England and Wales
Cited – Stephens and Another v Cannon and Another CA 14-Mar-2005
The claimants had purchased land from the defendants. The contract was conditional on a development which did not take place. The master had been presented with very different valuations of the property.
Held: The master was not entitled to . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 November 2022; Ref: scu.145555
A High Court judge sitting at a pre-trial review of an action has the power to rule on the admissibility of a party’s expert evidence, including also making an order for a trial of that issue. The need for speedy disposal of cases required this power.
Times 01-Feb-1999, [1999] EWCA Civ 620
Rules of the Supreme Court Order 33 R 3
England and Wales
Updated: 30 November 2022; Ref: scu.145535
