Category: Litigation Practice

Johnson v Gore Wood and Co (a Firm): CA 12 Nov 1998

The claimant had previously issued a claim against the defendant solicitors through his company. He now sought to pursue a claim in his own name. It was resisted as an abuse of process, and on the basis that no personal duty of care was owed to the claimant. The defendants appealed orders against them. They knew that he had personally guaranteed the borrowings of the company.
Held: It was arguable that the plaintiff had a general retainer with the defendants, and that they had duties to him over and above those to the company. Double recovery remained a problem, and the case law unclear. That was enough to say the plaintiff’s case was arguable. As to abuse, the first proceedings had been settled by compromise. Each case depends upon its own facts. The plaintiff had also been in control of the first proceedings. The plaintiff’s appeal against a strike out for abuse of process failed.

Judges:

Lord Justice Nourse, Lord Justice Ward And Lord Justice Mantell

Citations:

[1998] EWCA Civ 1763, [1999] BCC 474

Jurisdiction:

England and Wales

Citing:

Cited – Midland Bank Trust Co Ltd v Hett Stubbs and Kemp (a firm) ChD 1978
A solicitor had failed to register an option as a land charge over property. The court was asked what steps should have been taken by a solicitor in the conduct of a claim: ‘Mr Harman [leading counsel for the plaintiff] sought to rely upon the fact . .
Cited – R P Howard Ltd and Witchell v Woodman Matthews and Co (a firm) 1983
The solicitor defendant knew that the company was a family company effectively run by Mr Witchell from whom they received their instructions. The question raised was as to the duty of the solicitor to company and director.
Held: There is no . .
Cited – Verderame v Commercial Union Assurance Co Plc CA 2-Apr-1992
The insurance brokers, acting to arrange insurance for a small private limited company did not owe a duty in tort to the directors of that company personally. Where an action was brought in a tort and in breach of contract, damages could not be . .
Cited – Foss v Harbottle 25-Mar-1843
Company alone may sue for legal wrong against it.
A bill was lodged by two of the proprietors of shares in a company incorporated by Act of Parliament, on their own and the other shareholders’ behalf. They claimed against three bankrupt directors, a proprietor, solicitor and architect charging them . .
Cited – Prudential Assurance Co Ltd v Newman Industries Ltd (No 2) CA 1982
A plaintiff shareholder cannot recover damages merely because the company in which he has an interest has suffered damage. He cannot recover a sum equal to the diminution in the market value of his shares, or equal to the likely diminution in . .
Not followed – Christensen v Scott 1996
(New Zealand Court of Appeal) Thomas J said: ‘the diminution in the value of Mr and Mrs Christensen’s shares in the company is by definition a personal loss and not a corporate loss. The loss suffered by the company is the loss of the lease and the . .
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 . .

Cited by:

Cited – Ratiu, Karmel, Regent House Properties Ltd v Conway CA 22-Nov-2005
The claimant sought damages for defamation. The defendant through their company had accused him acting in such a way as to allow a conflict of interest to arise. They said that he had been invited to act on a proposed purchase but had used the . .
Appeal from – 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.

Legal Professions, Litigation Practice

Updated: 30 May 2022; Ref: scu.145242

Holbeck Hall Hotel Ltd and Another v Scarborough Borough Council: CA 2 Jul 1998

Application for leave to appeal.

Citations:

[1998] EWCA Civ 1139

Jurisdiction:

England and Wales

Citing:

Leave sought from – Holbeck Hall Hotel Limited and English Rose Hotels (Yorkshire) Limited v Scarborough Borough Council QBD 2-Oct-1997
The occupier of land which was downhill of dominant land has the same obligation in nuisance and otherwise as the uphill neighbour. A right of support was included. . .

Cited by:

Leave to appeal – Holbeck Hall Hotel Limited and English Rose Hotels (Yorkshire) Limited v Scarborough Borough Council QBD 2-Oct-1997
The occupier of land which was downhill of dominant land has the same obligation in nuisance and otherwise as the uphill neighbour. A right of support was included. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 30 May 2022; Ref: scu.144618

Regina v Wandsworth County Court ex parte Lotun: CA 2 Jul 1998

The applicant sought judicial review of a refusal by the County Court to provide a transcript or note of the County Court judge’s judgement.
Held: The court had no such record. It was for the parties in the County Court to make their own note. The application was misconceived.

Citations:

[1998] EWCA Civ 1144

Jurisdiction:

England and Wales

Citing:

Appeal – Regina v Wandsworth County Court ex parte Lotun Admn 21-Oct-1997
Leave to appeal refused. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 30 May 2022; Ref: scu.144623

Refco Inc and Another v Eastern Trading Co and others: CA 4 Jun 1998

The defendant sought and was granted leave to appeal.

Citations:

[1998] EWCA Civ 909

Jurisdiction:

England and Wales

Citing:

Appeal proceeded – REFCO Capital Markets Ltd and Another v Eastern Trading Co, Credit Suisse (First Boston) Ltd and Another CA 17-Jun-1998
An application for Mareva relief was granted under s.25 where proceedings were pending in the US against Lebanese defendants arising out of futures transactions with respect of assets in England. On the application to discharge the order, the lower . .

Cited by:

Leave – REFCO Capital Markets Ltd and Another v Eastern Trading Co, Credit Suisse (First Boston) Ltd and Another CA 17-Jun-1998
An application for Mareva relief was granted under s.25 where proceedings were pending in the US against Lebanese defendants arising out of futures transactions with respect of assets in England. On the application to discharge the order, the lower . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 30 May 2022; Ref: scu.144388

Mensah v East Hertfordshire NHS Trust: CA 10 Jun 1998

An industrial tribunal should be helpful to litigants to help establish clearly whether issues which had been raised on the papers were not being pursued. An employee claiming racial discrimination but not pursuing it at the tribunal was not allowed to do so on appeal. The task of the Court of Appeal was not to test whether the decision of the tribunal was correct, but whether it could be shown to be wrong.

Judges:

Peter Gibson LJ, Henry LJ and Sir Christopher Slade

Citations:

Gazette 30-Sep-1998, [1998] EWCA Civ 954, [1998] IRLR 531

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Mensah v East Hertfordshire NHS Trust EAT 13-May-1996
Leave to appeal granted. . .
Cited – Divine-Bortey v London Borough of Brent CA 14-May-1998
The claimant had brought and lost an action relating to his dismissal by the defendant, who now appealed against an order that he was not estopped from bring a second claim on a different basis namely race discrimination, disapplying the rule in . .

Cited by:

Cited – Colen and Another v Cebrian (UK) Limited CA 20-Nov-2003
The company paid the claimant sales commission. Part was diverted and paid to his wife to reduce the tax payable. The employer had appealed a finding of unfair disamissal, the company arguing that the contract was illegal.
Held: The contract . .
Cited – Swallow Security Services Ltd v Millicent EAT 19-Mar-2009
EAT UNFAIR DISMISSAL: Contributory fault
The employers dismissed the employee after a bogus redundancy exercise, after she had knowingly taken paid holiday in excess of her holiday allowance and failed to . .
Explained – Muschett v HM Prison Service CA 2-Feb-2010
The claimant had been employed through an employment agency to carry out work for the respondent. He appealed against dismissal of his appeal against a ruling that he was not a worker for the respondent under the 1996 Act. He said that the . .
Cited – Drysdale v The Department of Transport (The Maritime and Coastguard Agency) CA 31-Jul-2014
The claimant had been represented at his claim before the employment tribunal by his wife, acting as a lay representative. She asked to be allowed to withdraw the complaint. Without asking her, the complaint was dismissed, and costs awarded against . .
Cited – Stoke On Trent City Council v Savigar (Debarred) EAT 15-May-2015
EAT Unfair Dismissal – PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity – UNFAIR DISMISSAL – Procedural fairness/automatically unfair dismissal
Though the Claimant’s complaint was that . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Litigation Practice

Updated: 30 May 2022; Ref: scu.144433

A B and others v Liverpool City Council; Nugent Care Society (Formerly Catholic Social Services [Liverpool]) and Trustees of National Children’s Home and Orphanage Registered: CA 15 Jun 1998

Citations:

[1998] EWCA Civ 1000

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – McDonnell and Another v Walker CA 24-Nov-2009
The defendant appealed against the disapplication of section 11 of the 1980 Act under section 33.
Held: The appeal succeeded. The defendant had not contributed significantly to the delay: ‘the defendant received claims quite different in . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Litigation Practice, Limitation

Updated: 30 May 2022; Ref: scu.144479

J A Pye (Oxford) Limited v Kingswood Borough Council: CA 6 Apr 1998

The purchase of land which was to form the last part of a development was to be valued without taking account of the enhanced value which would be attributed to the much larger scheme of development. To ascertain what is to be ignored by the valuer it is first necessary to delimit the scope of the scheme. The compulsory acquisition itself cannot be the scheme which underlies it. The fact finding and valuation questions have been entrusted by Parliament to ‘a specialist and expert tribunal, well able to understand the realities of a complicated factual and transactional situation . . a finding by a tribunal . . cannot be shown to be perverse just because a possible alternative was open to the tribunal but not adopted by it.’

Judges:

Buxton LJ, Hobhouse LJ, Swinton-Thomas LJ

Citations:

Gazette 16-Apr-1998, [1998] EWCA Civ 643, [1998] 2 EGLR 159, [2000] RVR 40

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Pointe Gourde Quarrying and Transport Co Ltd v Sub-Intendant of Crown Lands PC 29-Jul-1947
Under a wartime agreement in 1941 the UK government agreed to lease to the US Government land in Trinidad on which the US could establish a naval base. To do this the Crown acquired the Pointe Gourde land for its limestone quarry which would be used . .
Cited – Wards Construction (Medway) Ltd v Barclays Bank Plc and Another CA 1-Jul-1994
Land with an existing use value of andpound;3,000 had been valued by the Lands Tribunal for purchase at andpound;2.15m.
Held: The ransom value decision by the Lands Tribunal was not wrong in law and was upheld. It was necessary to value the . .
Cited – Wilson v Liverpool Corporation CA 1971
The claimants owned 74 acres of an area of 391 acres in Liverpool which the Corporation wanted to acquire for residential development. The authority acquired the land by agreement and made a compulsory purchase order in respect of the remainder.
Cited – Batchelor v Kent County Council CA 1989
The Council had compulsorily acquired land for highway improvement. It was within an area scheduled for residential development. Outline permission for development of neighbouring land had been granted but the development could not proceed until the . .
Cited – Camrose v Basingstoke Corporation CA 1966
Basingstoke was to be expanded to receive overspill population from London and the corporation contracted to purchase about 550 acres from a landowner on terms that the price would be assessed as though the land had been compulsorily acquired under . .
Cited – Ozanne and Others v Hertfordshire County Council HL 1989
Land was acquired for a new highway. The developer had persuaded or agreed with the public authority that it would exercise its statutory powers to acquire land possessed of ransom value.
Held: What the scheme was which underlined a proposed . .
Cited – Myers v Milton Keynes Development Corporation CA 1974
Land was to be acquired for the development of a new town. The court faced the issue, in the context of a valuation for compulsory purchase, of whether the required disregard of any increase in value attributable to the ‘scheme’ meant that the . .

Cited by:

Cited – Bolton Metropolitan Borough Council v Tudor Properties Ltd and Others CA 19-Apr-2000
The court had to consider the compensation to be awarded on the compulsory purchase of land.
Held: The appeal failed. The tribunal had not erred in ascertaining the extent of the underlying scheme. In deciding that, they were entitled to have . .
Lists of cited by and citing cases may be incomplete.

Land, Damages, Litigation Practice

Updated: 30 May 2022; Ref: scu.144121

Axa Equity and Life Assurance Plc Society Plc and others v National Westminster Bank Plc and others: CA 7 May 1998

Discovery of documents from third parties. Morritt LJ said that an order might be made where the party holding the documents could be said to have involvement in terms of ‘causing or facilitating’ the wrong.

Judges:

Morritt LJ

Citations:

[1998] EWCA Civ 782, [1998] CLC 1177

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – P v T Ltd ChD 7-May-1997
A order for the disclosure of documents can be proper if it is the only method of founding proceedings against a third party, even though there might be no sufficient proof without the documents. An order was made because it was necessary in the . .

Cited by:

Cited – Mitsui and Co Ltd v Nexen Petroleum UK Ltd ChD 29-Apr-2005
Mitsui sought disclosure of documents from a third party under the rules in Norwich Pharmacal.
Held: Such relief was available ‘where the claimant requires the disclosure of crucial information in order to be able to bring its claim or where . .
Cited – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1) Admn 21-Aug-2008
The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 30 May 2022; Ref: scu.144260

Cliffe and Cliffe v Forrester: CA 24 Apr 1998

Applications to set aside grant of leave to appeal contributed significantly to the congestion of the higher courts and should go ahead only exceptionally, for example where some relevant fact had not been disclosed. They amount to attempts to re-litigate

Citations:

Times 10-Sep-1998, [1998] EWCA Civ 716, [1998] EWCA Civ 1107

Jurisdiction:

England and Wales

Litigation Practice

Updated: 30 May 2022; Ref: scu.144194

Divine-Bortey v London Borough of Brent: CA 14 May 1998

The claimant had brought and lost an action relating to his dismissal by the defendant, who now appealed against an order that he was not estopped from bring a second claim on a different basis namely race discrimination, disapplying the rule in Henderson.
Held: The Council’s appeal succeeded. The rule in Henderson should have been applied.

Judges:

Simin Brown LJ, Swinton Thomas LJ, Potter LJ

Citations:

[1998] EWCA Civ 830, [1998] EWCA Civ 831, [1998] EWCA Civ 832

Links:

Bailii, Bailii, Bailii

Statutes:

The Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993 9(1)

Jurisdiction:

England and Wales

Citing:

Appeal from – Divine-Bortey v London Borough of Brent EAT 18-Apr-1997
. .
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 . .
Cited – Munir v Jang 1989
The doctrine of issue estoppel applies also in Industrial Tribunal cases. . .
Cited – Kumchyk v Derby County Council EAT 1978
The appellant sought to advance an argument that a certain term was implied into the contract of employment which, for its consideration, would have required consideration of a factual framework which had not been explored in evidence.
Held: . .
Cited – Dimtsu v Westminster City Council EAT 1991
The EAT considered the application of the rule in Henderson v Henderson in Employment Appeal Tribunal proceedings.
Knox J said: ‘The majority is fortified in the view expressed so far by three further considerations. First, this jurisdiction . .
Cited – King v Great Britain China Centre CA 1991
The court considered the nature of evidence which will be available to tribunals considering a race discrimination claim.
Held: A complainant must prove his or her case on the balance of probabilities, but it is unusual to find direct evidence . .
Cited – Strathclyde Regional Council v Zafar; Zafar v Glasgow City Council HL 16-Oct-1997
The absence of any other explanation for the unfair dismissal of a black worker, does not of itself and inescapably lead to finding of race bias, or racial discrimination. He had been dismissed following complaints of sexual harassment, later found . .
Cited – Talbot v Berkshire County Council CA 23-Mar-1993
In a motor accident, both driver and passenger were injured. The passenger sued the driver. The driver’s insurers, without notice to the driver, made a third party claim against the Berkshire County Council, claiming contribution as between joint . .

Cited by:

Cited – Air Canada Alpha Catering Services v Basra EAT 21-Feb-2000
EAT Procedural Issues – Employment Tribunal . .
Cited – British Airways Plc vBoyce SCS 7-Dec-2000
. .
Cited – Egan v NASUWT NIIT 26-Mar-2007
The decision of the tribunal is that the claimant is entitled to pursue his complaint under Article 31 of the Trade Union and Labour Relations (Northern Ireland) Order 1995. The doctrine of estoppel per rem judicatam applies in the sense of ‘decided . .
Cited – Mensah v East Hertfordshire NHS Trust CA 10-Jun-1998
An industrial tribunal should be helpful to litigants to help establish clearly whether issues which had been raised on the papers were not being pursued. An employee claiming racial discrimination but not pursuing it at the tribunal was not allowed . .
Cited – Lawal v Northern Spirit Ltd EAT 6-Oct-1999
The applicant objected that one of the lay members of the Appeal Tribunal had, on other occasions, sat with a recorder who, as counsel, was appearing for a party in that appeal.
Held: There was no real possibility of bias from this scenario. . .
Cited – London Borough of Lambeth and Another v Apelogun-Gabriels CA 22-Nov-2001
. .
Cited – RB (Algeria) and Another v Secretary of State for the Home Department; OO (Jordan) v Same; MT (Algeria) v Same HL 18-Feb-2009
Fairness of SIAC procedures
Each defendant was to be deported for fear of involvement in terrorist activities, but feared that if returned to their home countries, they would be tortured. The respondent had obtained re-assurances from the destination governments that this . .
Lists of cited by and citing cases may be incomplete.

Employment, Litigation Practice

Updated: 30 May 2022; Ref: scu.144310

Connex South Central Limited v Boddington: CA 9 Mar 1998

The appellant was unhappy with the plaintiff’s policy toward smokers. He had been made subject to an injunction requiring him not to smoke cigarettes on the plaintiff’s trains in ‘no smoking’ facilities. He had sought to argue that this did not prevent him smoking cigars. He had filed no bundle in support of his appeal, despite further opportunities reminders and warnings. His case in any event had no prospect of success, and the appeal was struck out.

Judges:

The Master of The Rolls (Lord Woolf), Lord Justice Simon Brown

Citations:

[1998] EWCA Civ 421

Jurisdiction:

England and Wales

Citing:

Appeal from – Boddington v British Transport Police QBD 23-Jul-1996
A defendant may not challenge the validity of bylaws in course of a criminal prosecution. . .

Cited by:

Appeal from – Boddington v British Transport Police HL 2-Apr-1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 30 May 2022; Ref: scu.143899

Gerrard and Another v Eurasian Natural Resources Corporation Ltd and Another: QBD 27 Nov 2020

The claimants, a solicitor and his wife, sought damages in harassment and data protection, against a party to proceedings in which he was acting professionally, and against the investigative firm instructed by them. The defendants now requested the claims to be struck out.
Held: The claim of harassment could not be struck out merely because the surveillance was covert: ‘on the one hand, a person cannot be guilty of stalking unless they are also guilty of harassment; and, on the other hand, in order to be guilty of stalking their course of conduct must in addition involve ‘acts or omissions [which] are ones associated with stalking’. Further, the acts which are associated with stalking include (among other things): (1) following a person, (2) monitoring the use by a person of the internet, email or any other form of electronic communication, and (3) watching or spying on a person.’

Judges:

Richard Spearman QC

Citations:

[2020] EWHC 3241 (QB)

Links:

Bailii

Statutes:

Protection from Harassment Act2A 3 1997

Jurisdiction:

England and Wales

Citing:

Cited – John v Rees and Others; Martin and Another v Davis and Others ChD 1969
The Court was asked as to the validity of proceedings at a meeting of the members of the local Labour Party which had broken up in disorder. The proceedings were instituted by the leader of one faction on behalf of himself and all other members of . .
Cited – Tilling v Whiteman HL 8-Mar-1979
The plaintiff owner of a property had commenced proceedings to recover the property from the defendant tenants. The plaintiff then applied to have a particular provision of the 1968 Act interpreted as a preliminary issue of law under O 33 r 2.
Cited – Re S-W (Children) CA 30-Jan-2015
Appeal from care orders: ‘The judge’s approach could not have been more robust. He sought to justify such an approach on the basis that recent family justice reforms and case law. There is a need for the Court of Appeal to consider whether such a . .
Cited – Moroney v Anglo-European College of Chiropractice CA 1-Nov-2009
The claimant appealed saying that on an application under Rule 3.4, the judge had without forewarning him struck out his case under part 24.
Held: There is an overlap between the summary judgment and strike out jurisdictions to the extent that . .
Cited – Easyair Ltd (T/A Openair) v Opal Telecom Ltd ChD 2-Mar-2009
Principles Applicable on Summary Judgment Request
The court considered an application for summary judgment.
Held: Lewison J set out the principles: ‘the court must be careful before giving summary judgment on a claim. The correct approach on applications by defendants is, in my judgment, as . .
Cited – SPI North Ltd v Swiss Post International (UK) Ltd and Another ChD 7-Dec-2020
The test to be applied on an opposed application to amend is the same as the test to be applied to an application for summary judgment (i.e. whether the proposed new claim has a real prospect of success) . .
Cited – Benyatov v Credit Suisse Securities (Europe) Ltd QBD 22-Jan-2020
‘it is not appropriate to strike out a claim in an area of developing jurisprudence, since, in such areas, decisions as to novel points of law should be based on actual findings of fact’ . .
Cited – Willers v Joyce and Another (Re: Gubay (Deceased) No 1) SC 20-Jul-2016
Parties had been involved in an action for wrongful trading. This was not persisted with but the claimant sought damages saying that the action was only part of a campaign to do him harm. This appeal raised the question whether the tort of malicious . .
Cited – Iqbal v Dean Manson Solicitors CA 15-Feb-2011
The claimant sought protection under the Act from his former employers’ behaviour in making repeated allegations against him. He appealed against the striking out of his claim.
Held: The appeal suceeded. The matter should go to trial. The . .
Cited – Roberts v Bank of Scotland Plc CA 11-Jun-2013
The bank appealed against a finding that it had harassed the claimant customer by its repeated telephone calls.
Held: The appeal failed as to liability and quantum.
Harassment can occur even if the conduct in question is, at first sight, . .
Cited – Howlett v Holding QBD 25-Jan-2006
The claimant sought an injunction against the defendant who had taken to flying airplanes above her house trailing banners making allegations against her, and also to making surveillance of her.
Held: The defence under the 1997 Act excusing . .
Cited – Majrowski v Guy’s and St Thomas’ NHS Trust HL 12-Jul-2006
Employer can be liable for Managers Harassment
The claimant employee sought damages, saying that he had been bullied by his manager and that bullying amounting to harassment under the 1997 Act. The employer now appealed a finding that it was responsible for a tort committed by a manager, saying . .
Cited – Thomas v News Group Newspapers Ltd CA 18-Jul-2001
The publication of articles in a newspaper describing how a ‘black clerk’ had complained about the allegedly racist comments of two policemen was said to have caused the claimant to receive racist hate mail.
Held: The court considered the type . .
Cited – Hayes v Willoughby SC 20-Mar-2013
The claimant and appellant had been employer and employee who had fallen out, with a settlement in 2005. The appellant then began an unpleasant and obsessive personal vendetta against Mr Hayes, complaining to public bodies with allegations of tax . .
Cited – Levi and Another v Bates and Others CA 12-Mar-2015
The second claimant was wife to a businessman involved in football. It was said that the defendant, manager of Leeds United, together with the club and a radio station had harassed the first claimant. She was affected but not the intended victim. . .
Cited – Majrowski v Guy’s and St Thomas’ NHS Trust CA 16-Mar-2005
The claimant had sought damages against his employer, saying that they had failed in their duty to him under the 1997 Act in failing to prevent harassment by a manager. He appealed a strike out of his claim.
Held: The appeal succeeded. The . .
Cited – Dowson and Others v Chief Constable of Northumbria Police QBD 20-Oct-2010
Six officers sought damages under the 1997 Act alleging harassment by a senior officer of the defendant.
Held: Simon J set out what a claimant must prove in an harassment claim:
‘(1) There must be conduct which occurs on at least two . .
Cited – Regina v Curtis CACD 9-Feb-2010
The defendant appealed against his conviction under the 1977 Act. He and the complainant had been in a volatile relationship. Both were police constables. He said that though there had been incidents, they had not amounted to a course of conduct . .
Cited – Ferguson v British Gas Trading Ltd CA 10-Feb-2009
Harassment to Criminal Level needed to Convict
The claimant had been a customer of the defendant, but had moved to another supplier. She was then subjected to a constant stream of threatening letters which she could not stop despite re-assurances and complaints. The defendant now appealed . .
Cited – Veakins v Kier Islington Ltd CA 2-Dec-2009
The claimant alleged that her manager at work had harassed her. The court, applying Conn, had found that none of the acts complained of were sufficiently serious to amount to criminal conduct, and had rejected the claim.
Held: The claimant’s . .
Cited – Howlett v Holding QBD 25-Jan-2006
The claimant sought an injunction against the defendant who had taken to flying airplanes above her house trailing banners making allegations against her, and also to making surveillance of her.
Held: The defence under the 1997 Act excusing . .
Cited – Kellett v Director of Public Prosecutions Admn 2001
The appellant appealed by case stated against the dismissal of his appeal against his conviction by the magistrates’ court of harassment contrary to section 2 of the PHA. The appellant and the victim were neighbours, and there was a history of civil . .
Cited – Widdows, Regina v CACD 21-Jun-2011
Reasons for allowing of appeal from conviction of offence of putting someone in fear.
Held: ‘The emphasis in the summing up was not on what amounts to harassment but what amounts to assault. Further direction was required as to what can be a . .
Cited – Regina v Haque CACD 26-Jul-2011
The defendant appealed against conviction under section 4(1) of the 1997 Act. It was not disputed that the prosecution had to prove (1) that there had been a course of conduct on the part of the appellant, (2) that the course of conduct had caused . .
Cited – Plavelil v Director of Public Prosecutions Admn 2014
Moses LJ said: ‘The Crown Court was undoubtedly correct to follow the guidance of the Court of Appeal in R v Haque. The three requirements identified include as a second requirement the conduct must be calculated to produce the consequences . .
Cited – International Businesss Machines Corporation and Another v Web-Sphere Ltd and others ChD 17-Mar-2004
The claimant had registered trade marks under the name websphere, and accused the defendant of infringement using the name with a hyphen.
Held: The claim suceeded. As to the requirement for calculation of damages, ‘the word ‘calculated’ should . .
Cited – Cruddas v Calvert and Others QBD 31-Jul-2013
Judgment on the second stage of the trial of a claim for libel and malicious falsehood.
Held: Tugendhat J adopted the meaning ‘more likely than not to cause pecuniary damage’ for ‘calculated to’. . .
Cited – Fage UK Ltd and Another v Chobani Uk Ltd and Another ChD 26-Mar-2013
Extended passing-off case about yoghurt. The main issue was whether, by the beginning of September 2012, the phrase ‘Greek yoghurt’ had, when used in the UK marketplace, come to have attached to it a sufficient reputation and goodwill as denoting a . .
Cited – Cream Holdings Limited and others v Banerjee and others HL 14-Oct-2004
On her dismissal from the claimant company, Ms Banerjee took confidential papers revealing misconduct to the local newspaper, which published some. The claimant sought an injunction to prevent any further publication. The defendants argued that the . .
Cited – LJY v Person(s) Unkown QBD 11-Dec-2017
Calim for alleged blackmail by defendants . .
Cited – BVC v EWF QBD 26-Sep-2019
Application by the Claimant for summary judgment in a claim for misuse of private information and harassment. The privacy claim arises from internet publication, on a website created by the Defendant, of his account of his relationship with the . .
Cited – Canada Goose UK Retail Ltd and Another v Unknown Persons CA 5-Mar-2020
‘This appeal concerns the way in which, and the extent to which, civil proceedings for injunctive relief against ‘persons unknown’ can be used to restrict public protests.’ . .
Cited – Khan (Formerly JMO) v Khan (Formerly KTA) QBD 15-Feb-2018
Claim for harassment within family dispute. . .
Cited – Hourani v Thomson and Others QBD 10-Mar-2017
Warby J identified the three issues on which the claimant bore the burden of proof in relation to each defendant on a claim of harassment as: (1) Did the defendant engage in a course of conduct? (2) Did any such course of conduct amount to . .
Lists of cited by and citing cases may be incomplete.

Information, Torts – Other, Litigation Practice

Updated: 30 May 2022; Ref: scu.656439

Lunnon v Singh: CA 1 Jul 1999

Once judgment has been given, whether after a contested hearing or in default, for damages to be assessed, the defendant cannot dispute liability at the assessment hearing.

Citations:

Unreported 1 July 1999

Jurisdiction:

England and Wales

Cited by:

Cited – Pugh v Cantor Fitzgerald International CA 7-Mar-2001
Where judgment had been entered with damages to be assessed, the issues which could be raised on the assessment of damages were any directly affecting that assessment, but the defendant could not raise an issue which would impugn the judgement . .
Cited – Strachan v The Gleaner Company Limited and Stokes PC 25-Jul-2005
PC (Jamacia) The plaintiff challenged an order setting aside a default assessment of damages in his claim for defamation. After the action was lost, two witnesses had come forward who might have allowed a defence . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 29 May 2022; Ref: scu.237249

The Goldean Mariner: CA 1990

Leave had been given ex parte to serve a number of defendant reinsurers outside the jurisdiction. Six were served with writs in identical form but each of the writs was addressed to the wrong defendant. A seventh defendant was not served with any writ but merely with an acknowledgment of service form bearing the names of all the defendants in the title. Did these steps engage the court’s jurisdiction to exercise its discretion under RSC Order 2, rule 1(2). Phillips J. had held that they did not.
Held: They did in relation to the six defendants, and by a majority also for the defendant who never received a writ. Lloyd LJ. agreed with Phillips J. that in the latter case the failure to serve anything more than an acknowledgement of service form was an omission so serious that it was not a failure to comply with the requirements of the Rules by reason of something left undone. McCowan LJ. and Sir John Megaw held in relation to the latter defendant that there had been an attempt to take a step in the proceedings but a failure to comply with the Rules as to what document should be served for that purpose. There was a purported commencement of proceedings within RSC Order 2, rule 1 in relation to which there had been a failure to comply with a requirement of the Rules.

Judges:

Sir John Megaw, McCowan LJ, Lloyd LJ

Citations:

[1990] 2 Lloyd’s Rep 215

Jurisdiction:

England and Wales

Cited by:

Cited – Basil Shiblaq v Kahraman Sadikoglu (No 2) ComC 30-Jul-2004
The court considered whether there had been effective service of proceedings on defendants in Turkey. Evidence was given as to the effectiveness of such service in Turkish law.
Held: The defendant’s application to set aside the judgment in . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 29 May 2022; Ref: scu.199720

Interpool Ltd v Galani: CA 1988

The debtor appealed against an order to answer questions and disclose documents relating to any debts owed to him or other property or means belonging to him outside the jurisdiction. The court looked at the examination of a judgment debtor under Order 48 of the Rules of the Supreme Court.
Held: the Court of Appeal dismissed the appeal. The use of Order 48, in English enforcement proceedings, in order to discover the existence of foreign assets, does not confer, or purport to confer, jurisdiction on the English court in relation to enforcement proceedings in any other country in which those assets may be situate. Whereas Order 49 rule 1 required that the garnishee must be in the jurisdiction, there is no similar limitation that the garnished debt must be properly recoverable within the jurisdiction.
Balcombe LJ said: ‘The use of Order 48, in English enforcement proceedings, in order to discover the existence of foreign assets, does not confer, or purport to confer, jurisdiction on the English court in relation to enforcement proceedings in any other country in which those assets may be situ.’ and ‘It is true that, as a matter of discretion, the court will not garnish a debt where the garnishee, although within the jurisdiction, is not indebted within the jurisdiction, if to do so might expose the garnishee to the risk of having to pay the debt or part of the debt twice over. It may also be true, as Mr Jones submitted, that there is no reported case where this discretion has been exercised so as to garnish a debt which is only recoverable outside the jurisdiction. Nevertheless, if the court has jurisdiction to garnish a debt recoverable outside the jurisdiction, even though as a matter of discretion it is unlikely to exercise that jurisdiction, it seems to us that there must be power under Order 48 to discover the existence of such debts.’

Judges:

Balcombe LJ, Lloyd LJ

Citations:

[1988] QB 738

Jurisdiction:

England and Wales

Citing:

No Longer good law – Richardson v Richardson KBD 1927
A bank owed debts to a judgment debtor customer on accounts held both in London and in Africa. It was accepted that the former were subject to a garnishee order. The dispute concerned the latter.
Held: The bank is no doubt indebted to the . .
Approved – SCF Finance Co Ltd v Masri (No 3) 1987
The court accepted that in a case where the garnishee was not indebted within the jurisdiction that might be relevant to the exercise of the court’s discretion. Since, in this case, the debt in question was an English debt, the court’s jurisdiction . .

Cited by:

Cited – Masri v Consolidated Contractors International Co Sal and Others HL 30-Jul-2009
The claimant sought to enforce a judgment debt against a foreign resident company, and for this purpose to examine or have examined a director who lived abroad. The defendant said that the rules gave no such power and they did, the power was outside . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 29 May 2022; Ref: scu.183544

Davies v Elsby Brothers Ltd: CA 1961

The writ was issued within the limitation period for the claim against ‘Elsby Brothers (a firm)’. In fact, the firm’s business had been taken over by Elsby Brothers Ltd before the proceedings had been issued. By the time the plaintiff applied for leave to amend the writ to change the name of the defendant, the limitation period had expired.
Held: The amendment involved the addition of a new defendant, and was not merely the correction of a misnomer. Accordingly, following long established rule of practice the court held that the amendment should not be allowed.

Citations:

[1961] 1 WLR 170

Jurisdiction:

England and Wales

Cited by:

Cited – Parsons and Another v George and Another CA 13-Jul-2004
The claimant sought to begin proceedings to renew his business tenancy, but the proceedings were issued in the wrong name. He sought to amend the proceedings to substitute the correct defendant, but that application was out of time.
Held: . .
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.

Litigation Practice, Limitation

Updated: 29 May 2022; Ref: scu.200225

Beta Construction Ltd v Channel Four Television Co Ltd: CA 1990

When considering the number of documents to be considered when deciding whether a defamation case should proceed before a judge or judge and jury, the court was entitled to look also at any specialised technical content of the documents and also amongst the factors to be considered are the additional length and cost of a jury trial compared with trial by judge alone. Stuart-Smith LJ identified four areas in which the efficient administration of justice might be made less than convenient if trial takes place with jury: The physical problem of handling large numbers of documents in the jury box; The prolongation of the trial because of the number and complexity of the documents; The increased expense, both by the added length of the [jury] trial and copying; and The risk that the jury may not understand the documents.

Judges:

Stuart-Smith LJ, Neill LJ, Ralph Gibson LJ

Citations:

[1990] 1 WLR 1042, [1990] 2 All ER 1012

Statutes:

Supreme Court Act 1961 69

Jurisdiction:

England and Wales

Citing:

Cited – Goldsmith v Pressdram Ltd CA 1988
The court considered whether to order a defamation trial to be before a judge alone, or with a jury.
Held: The word ‘examination’ has a wide connotation, is not limited to the documents which contain the actual evidence in the case and . .

Cited by:

Cited – Right Hon Aitken MP and Preston; Pallister and Guardian Newspapers Ltd CA 15-May-1997
The defendants appealed against an order that a defamation trial should proced before a judge alone.
Held: ‘Where the parties, or one of them, is a public figure, or there are matters of national interest in question, this would suggest the . .
Cited – Collins Stewart Ltd and Another v The Financial Times Ltd QBD 20-Oct-2004
The claimants sought damages for defamation. The claimed that the article had caused very substantial losses (andpound;230 million) to them by affecting their market capitalisation value. The defendant sought to strike out that part of the claim. . .
Cited – Fiddes v Channel Four Television Corporation and Others CA 29-Jun-2010
The claimants in a defamation case made an interlocutory appeal against an order for trial by judge alone. The parties had agreed for trial by jury, but the defendants made a late application for trial by judge alone.
Held: The claimant’s . .
Cited – Cook v Telegraph Media Group Ltd QBD 29-Mar-2011
The claimant, an MP, complained in defamation of the defendant’s description of his rejected expenses claim regarding an assistant’s charitable donation. The paper pleaded a Reynolds defence. The claimant said that when published the defendant knew . .
Lists of cited by and citing cases may be incomplete.

Defamation, Litigation Practice

Updated: 29 May 2022; Ref: scu.184761

Grupo Torras SA and Another v Al-Sabah and others Lst: CA 6 Feb 1998

Citations:

[1998] EWCA Civ 172

Jurisdiction:

England and Wales

Citing:

See Also – Grupo Torras Sa and Another v Sheikh Fahad Mohammed Al Sabah and Others CA 26-May-1995
A UK court may continue to hear a Spanish company’s claim against it’s own directors if a court was first seized of the matter here. Where a case concerned matters as to the constitution of a company, the courts of the company in which the company . .
See Also – Grupo Torras SA and Torras Hostench London Limited v Sheikh Fahad Mohammed Al Sabah and others (2) CA 21-Mar-1997
The Court of Appeal should interfere with Judge’s case management decisions only with great reluctance. . .
See Also – Grupo Torras SA and Torras Hostench London Limited v Sheikh Fahad Mohammed Al-Sabah Et Al CA 2-Oct-1997
A party choosing to provide discovery of substantial documents on a Compact Disk must ask the court first before charging extra for the service. . .
See Also – Barbara Alison Al-Sabah and Another v Grupo Torras S A and Others PC 10-Oct-2000
PC (Jersey) The board refused special leave to appeal: ‘Normally all such questions of case management are matters for the courts concerned and are not suitable for any further review before their Lordships’ . .
See Also – Khaled Naser Hamoud Al-Sabah and Juan Jose Folchi Bonafonte v Grupo Torras SA CA 2-Nov-2000
The court discussed the approach to be taken when asked to act upon evidence which it found to be unreliable, though the witness’s credibility had not been destroyed. In a claim for dishonest assistance it is not necessary to show a precise causal . .
See Also – Grupo Torras Sa and Another v Al-Sabah and others CA 30-Jul-2001
The hearing followed others concluding that the claimant had been defrauded of substantial sums by the defendants. The parties sought clarifications. . .
See Also – Al Sabah and Al Sabah v Grupo Torras SA Culmer as trustee of the property of Sheikh Fahad Mohammed Al Sabah, bankrupt PC 11-Jan-2005
PC (Cayman Islands) The claimant complained of an order of the Court of Appeal of the Cayman Islands, requiring him to comply with a letter of request from the Grand Court of the Bahamas.
Held: In earlier . .

Cited by:

See Also – Grupo Torras Sa and Another v Sheikh Fahad Mohammed Al Sabah and Others CA 26-May-1995
A UK court may continue to hear a Spanish company’s claim against it’s own directors if a court was first seized of the matter here. Where a case concerned matters as to the constitution of a company, the courts of the company in which the company . .
See Also – Grupo Torras SA and Torras Hostench London Limited v Sheikh Fahad Mohammed Al Sabah and others (2) CA 21-Mar-1997
The Court of Appeal should interfere with Judge’s case management decisions only with great reluctance. . .
See Also – Grupo Torras SA and Torras Hostench London Limited v Sheikh Fahad Mohammed Al-Sabah Et Al CA 2-Oct-1997
A party choosing to provide discovery of substantial documents on a Compact Disk must ask the court first before charging extra for the service. . .
See Also – Barbara Alison Al-Sabah and Another v Grupo Torras S A and Others PC 10-Oct-2000
PC (Jersey) The board refused special leave to appeal: ‘Normally all such questions of case management are matters for the courts concerned and are not suitable for any further review before their Lordships’ . .
See Also – Khaled Naser Hamoud Al-Sabah and Juan Jose Folchi Bonafonte v Grupo Torras SA CA 2-Nov-2000
The court discussed the approach to be taken when asked to act upon evidence which it found to be unreliable, though the witness’s credibility had not been destroyed. In a claim for dishonest assistance it is not necessary to show a precise causal . .
See Also – Grupo Torras Sa and Another v Al-Sabah and others CA 30-Jul-2001
The hearing followed others concluding that the claimant had been defrauded of substantial sums by the defendants. The parties sought clarifications. . .
Cited – Al Sabah and Al Sabah v Grupo Torras SA Culmer as trustee of the property of Sheikh Fahad Mohammed Al Sabah, bankrupt PC 11-Jan-2005
PC (Cayman Islands) The claimant complained of an order of the Court of Appeal of the Cayman Islands, requiring him to comply with a letter of request from the Grand Court of the Bahamas.
Held: In earlier . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 29 May 2022; Ref: scu.143650

Mousaka Inc v Golden Seagull Maritime Inc: QBD 30 Jul 2001

There has been no change to the rule that a judge refusing leave to appeal from an arbitration award, need not give his reasons. The rationale is that the question is a threshold one, of whether a particular standard had been reached. It was not a situation where a detailed examination was to be undertaken, and accordingly reasons were not appropriate. The position has not changed under the Human Rights Act.

Judges:

Steel J

Citations:

Times 03-Oct-2001

Statutes:

Arbitration Act 1996 69, Human Rights Act 1998

Jurisdiction:

England and Wales

Citing:

Cited – Antaios Compania Naviera SA v Salen Rederierna AB (‘the Antaios’) HL 1984
A ship charterer discovered that the bills of lading were incorrect, but delayed withdrawal from the charter for 13 days. They now sought leave to appeal the arbitration award against them.
Held: Though he deprecated extending the use of the . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Litigation Practice, Arbitration

Updated: 29 May 2022; Ref: scu.166228

Faircharm Investments Ltd v Citibank International Plc: CA 6 Feb 1998

An irregular judgment had been entered. A claim was made after the proceeds of a life policy secured under a mortgage had been wrongly paid out after the mortgage was redeemed by a third party.
Held: The appeal was dismissed. The so-called default judgment should stand as a judgment for damages in the amount of the insurance proceeds, on the ground that Citibank destroyed – and therefore could not make available to Faircharm – their right to the surrender proceeds of the policy. It was too late for Faircharm to claim that they could have obtained a larger sum by sale of the policy.

Judges:

Henry, Aldous LJJ,Sir Christopher Staughton

Citations:

[1998] EWCA Civ 171

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Anlaby v Praetorius CA 1888
The court below had refused an application to set aside a judgment obtained irregularly.
Held: The appeal succeeded. A Statement of Claim indorsed on the Writ is a pleading.
Lopes LJ held: ‘the judgment entered by the plaintiff was . .
Cited – In re Pritchard CA 1963
An originating summons seeking relief was accepted and sealed in a local district registry. It ought to have been sealed in the Central Office of the Royal Courts of Justice. Wilberforce J had held that the originating summons was a nullity and that . .
Cited – Harkness v Bell’s Asbestos and Engineering Limited CA 1966
The plaintiff’s solicitors had applied to a district registrar for leave of the court for the purposes of the Limitation Act 1963 when they ought to have made the application to a judge in chambers. The district registrar ordered that Section 2(1) . .
Cited – Charlesworth and Others v Focusmulti Ltd and Others CA 15-Mar-1993
Judgment had been entered by the plaintiff in default of defence, but before the time limit for filing a defence had expired. Such a judgment was fatally flawed, and could not be cured. The judgment had to be set aside without any consideration of . .
Lists of cited by and citing cases may be incomplete.

Land, Litigation Practice

Updated: 29 May 2022; Ref: scu.143649

Parsons, Parsons v Provincial Insurance Plc: CA 20 Feb 1998

The insurers refused to pay on a fire claim, saying that it was started by the insured, that the proposal was incorrect, and that in extending the value insured, the insured had misrepresented the situation. The court considered whether a jury trial was required.

Citations:

[1998] EWCA Civ 311

Statutes:

Supreme Court Act 1981 69(1)

Jurisdiction:

England and Wales

Citing:

Cited – Everett v Islington Guardians 1923
The court was asked whether a jury trial was appropriate under the 1920 Act.
Held: Avery J said: ‘It cannot be sufficient to bring a case within those words of the proviso that a plaintiff should merely allege in his particulars that the . .
Cited – Stafford Winfield Cook and Partners v Winfield 1981
. .
Lists of cited by and citing cases may be incomplete.

Insurance, Litigation Practice

Updated: 29 May 2022; Ref: scu.143789

In the Matter of a Civil Matter Now Pending In District Court for Second Judicial District, County of Ramsey, State of Minnesota: CA 30 Jul 1997

When considering an application under the 1975 Act, the court must not only observe the restrictions imposed by the 1975 Act; it must also hold a fair balance between the interests of the requesting court and the interests of the witness. ‘because of the need to hold the balance between the requesting court and the witnesses who are to be examined, if the Request is given effect, the court will not allow uncertain, vague or other objectionable Requests to be implemented. A witness is entitled to know within reasonable limits the matters about which he or she is to be examined.’

Judges:

Lord Woolf MR

Citations:

[1997] EWCA Civ 2241, [1997] ILP 170

Statutes:

Evidence (Proceedings In Other Jurisdictions) Act 1975, Rules of the Supreme Court 70

Jurisdiction:

England and Wales

Cited by:

Cited – United States of America v Philip Morris Inc and others QBD 10-Dec-2003
Witness orders were sought in respect of professionals resident in England to support litigation in the US. They objected on the ground that the terms of the order sought suggested improper behaviour, and that an order would anticipate breach of . .
Cited – First American Corporation and others v Sheik Zayed Bin Sultan Al-Nahyan and Others CA 12-May-1998
Letters of Request had been received for the production of document to be used in litigation in the US. It was complained that they were drafted so widely as to amount to a fishing expedition.
Held: ‘an English court must look at the issue of . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Litigation Practice

Updated: 29 May 2022; Ref: scu.142638

National Association of Operative Plasterers and Others v Smithies: HL 29 Jun 1906

Smithies, a master plasterer carrying on business in Birmingham, brought an action against the National Association of Operative Plasterers and the trustees thereof for damages for conspiracy, the conspiracy alleged being that they unlawfully and maliciously and with intent to injure him conspired together and with others to induce, persuade, influence, and coerce certain workmen, and in fact indeed persuaded, influenced, and coerced such workmen not to fulfil their contracts with him, and not to enter into further contracts with him or to engage in his service. The defences stated were, inter alia, that the acts complained of were lawful and done for the purpose of persuading Smithies to adhere to an agreement to which he was a party as a member of the Master Plasterers Association.
Smithies issued a summons for directions, asking for discovery of documents.
Master Archibald ordered discovery against the defendants, and Bucknill, J., confirmed the Master’s order.
The defendants appealed, and the Court of Appeal ( Collins, M.R., and Romer, L. J.) adhered.
The defendants appealed to the House of Lords.
Held: The Court will not refuse to grant an order for the discovery of documents against a party to an action merely on the ground that such discovery may incriminate the party and render him liable to a criminal charge.

Judges:

Lord Chancellor (Loreburn), Lords Macnaghten, James of Hereford, Robertson, and Atkinson

Citations:

[1906] UKHL 607, 44 SLR 607

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 29 May 2022; Ref: scu.625465

Network Telecom (Europe) Ltd v Telephone Systems International Inc: QBD 2003

Burton J said: ‘Inasmuch as the application is made ex parte, full and fair disclosure is necessary, as in all ex parte applications, and the failure to make such full and fair disclosure shall justify the court in discharging the order, even though the party might afterwards be in a position to make another application.’ It made no difference that the Master took the view that he had not been materially misled.

Judges:

Burton J

Citations:

[2003] EWHC 2890 (QB)

Jurisdiction:

England and Wales

Cited by:

Cited – Metropolitan International Schools Ltd. (T/A Skillstrain And/Or Train2Game) v Designtechnica Corp (T/A Digital Trends) and Others QBD 16-Jul-2009
The claimant complained that the defendant had published on its internet forums comments by posters which were defamatory of it, and which were then made available by the second defendant search engine. The court was asked what responsibility a . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Litigation Practice

Updated: 29 May 2022; Ref: scu.349046

Curts v Lewis: 9 Jun 1864

Abuse of changing venue – Retaining Counsel. Where the party at whose instance the Venue has been changed abuses his position by returning counsel in such a manner as to deprive his adversary of the means of procuring counsel, the court or a judge will interfere.

Citations:

[1864] EngR 549, (1864) 5 B and S 568, (1864) 122 ER 943

Links:

Commonlii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 29 May 2022; Ref: scu.282263

EDO Technologies Ltd and Another v Campaign to Smash EDO and Others: QBD 23 Mar 2006

An application was made for leave to amend the claimant’s particulars of claim following matters raised in the defendant’s witness statements.
Held: A party should consider before making such an application whether the result would be unnecessary delay. Where a change was necessary, apoplication should be made at the same time for new court directions.

Judges:

Walker J

Citations:

Times 24-May-2006

Jurisdiction:

England and Wales

Litigation Practice

Updated: 29 May 2022; Ref: scu.242449

A v B and Another: CA 28 Mar 2002

Judges:

Lord Woolf of Barnes

Citations:

[2002] EWCA Civ 496

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – A v B plc and Another (Flitcroft v MGN Ltd) CA 11-Mar-2002
A newspaper company appealed against an order preventing it naming a footballer who, they claimed, had been unfaithful to his wife.
Held: There remains a distinction between the right of privacy which attaches to sexual activities within and . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 29 May 2022; Ref: scu.216875

Bradford and Bingley Bplc v Ross: CA 11 Mar 2005

The appellant had charged his property to the claimant, and had then fallen into arrears. The property was sold, and the lender sought the balance outstanding from him. The bank failed to disclose that they had sold the property to an associated company.
Held: The bank’s behaviour was sufficiently bad as to undermine the decision, and a retrial was required. It was not however so bad as to amount to an abuse which would justify a strike out of the claim entirely.

Judges:

Ward LJ, Chadwick LJ, Clarke LJ

Citations:

Times 02-May-2005

Jurisdiction:

England and Wales

Citing:

Cited – Tse Kwong Lam v Wong Chit Sen PC 1983
For a mortgagee in possession selling a property, it does not matter that the time may be unpropitious and that by waiting a higher price could be obtained: he is not bound to postpone in the hope of obtaining a better price. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 29 May 2022; Ref: scu.226018

Gouthwaite v Rippon: 24 Dec 1838

A motion for an injunction and receiver is irregular where the Plaintiff amends his bill between the time of giving notice of moving and the time of bringing on the motion.

Citations:

[1838] EngR 1111, (1838) 1 Beav 54, (1838) 48 ER 859 (A)

Links:

Commonlii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 29 May 2022; Ref: scu.313117

In re Moritz: CA 1960

Trustees had denied the defendants a sight of the exhibits to affidavits. Their’ counsel argued for a settled practice that where an application is made by trustees for directions of the Beddoe kind, then the proposed defendant beneficiaries should not necessarily see all the evidence relating to the dispute. Counsel for the proposed beneficiary defendants, argued that he should be entitled to attend argue for his clients, on all matters including ones based on the so-far denied exhibits, and that it was for the Judge to say if those arguments were heard in the presence of parties other than the trustees who sought the directions of the court, though where one was considering beneficiaries and where their trust estate might bear the expense of the proposed litigation, it was beneficiaries’ money that was being spent or being proposed to be spent.
Held: Wynn-Parry J said: ‘Speaking for myself, so far as I know, it has been the practice of this court, without exception, over a great many years, that where, in such a case as this, application is made by a trustee ex necessis where there are disputes, for directions from the court as to whether or not proceedings should be brought against the defendants, those defendants are not entitled to be heard upon that application. The court acts upon such evidence as is placed before it and it expresses itself one way or the other.’ and
‘As I understand it, the practice in this Division is that where a trustee finds it is compelled to ask for the directions of the court as to whether or not certain proceedings should be taken, while it is proper and indeed necessary to join the parties against whom the proposed relief is sought, those parties should not be present in Chambers when the matter is debated; and they should not be furnished with the evidence upon which the court is asked to act . . Very frequently, the leave to proceed is limited, for instance, up to discovery, but it would seem to me to be a quite unjustified inroad upon what I conceive to be a very useful practice if I were to allow this application and to allow the two defendants not merely to be present at the beginning of the proceedings when the originating summons is heard, but to remain there throughout those proceedings and to have all the evidence on which the trustees are asking the court for its directions. I know of no precedent for it, and, in my view, it is completely against the established practice.’

Judges:

Wynn-Parry LJ

Citations:

[1960] Ch 251

Jurisdiction:

England and Wales

Citing:

Cited – In Re Beddoe, Downes v Cottam CA 1893
A trustee had unsuccessfully defended an action against the trust in detinue for the return of deeds. He now sought protection against a costs order. Costs having been awarded against a trustee in proceeding A, the trustee sought to be indemnified . .

Cited by:

Cited – Mulkerrins v Pricewaterhouse Coopers HL 31-Jul-2003
The claimant sought damages from her former accountants for failing to protect her from bankruptcy. The receiver had unnecessarily caused great difficulties in making their claim that such an action vested in them. The defendants had subsequently, . .
Cited – 3 Individual Present Professional Trustees of 2 Trusts v an Infant Prospective Beneficiary of One Trust and others ChD 25-Jul-2007
The parties challenged under the 198 Act the right of trustees to seek a Beddoe order protecting themselves against an award of costs. . .
Lists of cited by and citing cases may be incomplete.

Trusts, Costs, Litigation Practice

Updated: 29 May 2022; Ref: scu.185414

Begum v Secretary of State for the Home Department: CA 1990

The court was willing to contemplate the possibility of an appeal by an applicant whose leave granted ex parte had been subsequently discharged.

Judges:

Lord Donaldson M.R

Citations:

[1990] Imm AR 1

Jurisdiction:

England and Wales

Cited by:

Cited – Kemper Reinsurance Company v The Minister of Finance and others PC 5-May-1998
(Bermuda) An appeal Court did have jurisdiction to hear an appeal against the discharge of leave to apply for certiorari order, since this was outside scope of the rule in Lane v Esdaille.
Lord Hoffmann said: ‘Nevertheless, the limited nature . .
Lists of cited by and citing cases may be incomplete.

Immigration, Litigation Practice

Updated: 29 May 2022; Ref: scu.182913

HM Attorney-General v Ian Richard Flack: Admn 29 Nov 2000

A civil proceedings order was sought against the respondent. The respondent had commenced many actions against a particular company, which it was claimed were vindictive in nature.
Held: Though the earliest proceedings had been vexatious it was not possible to characterise more recent attempts to litigate as such. ‘An improper motive may convert an otherwise legitimate action into one which for present purposes is vexatious. The conversion should not lightly be undertaken however in the circumstances described.’ An order was denied.

Judges:

Pill LJ, Butterfield J

Citations:

[2000] EWHC Admin 422

Links:

Bailii

Statutes:

Supreme Court Act 1981 41(1)

Citing:

Cited – Attorney-General v Barker CA 16-Feb-2000
An order that someone be denied access to the courts save with consent of a judge was a challenge to that individual’s constitutional rights, and should only be made if the statutory pre-conditions are fulfilled. It had to be shown that the litigant . .
Cited – Attorney-General v Vernazza, In Re Vernazza CA 1959
The respondent to an application to prevent him issuing proceedings without the court’s consent, had brought actions claiming in one form or another that a consent judgment ought to be set aside and that he was still owed the sum claimed in the . .
Cited – Re Chaffers, ex parte Attorney General 1897
Wright J said: ‘The consideration of whether a person has habitually and persistently instigated vexatious legal proceedings without any reasonable ground does not depend on a minute examination of whether in each particular action there was a . .
Cited – Speed Seal Ltd v Paddington CA 1985
The court was asked whether the defendant should be permitted to add to his pleadings a counterclaim asserting that the action was brought in bad faith for the ulterior motive of damaging the defendants’ business, and not for the protection of any . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 29 May 2022; Ref: scu.140238

Regina v Secretary of State for Trade and Industry, ex parte Trades Union Congress: Admn 23 May 2000

Citations:

[2000] EWHC Admin 345

Links:

Bailii

Cited by:

Appeal from – Regina v Secretary of State for Trade and Industry Ex Parte Trades Union Congress CA 17-Oct-2000
Where a court referred an issue to the European Court, it was for that court in its discretion to decide whether interim relief might be granted, and an appellate court should not normally interfere in that exercise. The considerations for such a . .
Lists of cited by and citing cases may be incomplete.

European, Litigation Practice

Updated: 29 May 2022; Ref: scu.140160

Rogers and Another v Rhys Evans (a Firm) and Others: Admn 30 Mar 2000

The claimant appealed a striking out of his action for professional negligence against the defendant firm of solicitors. He had obtained judgment by default, but had been shown not properly to have served proceedings. He was also a bankrupt at the relevant time and unable to commence the actions. It was then decided that the action was an abuse of process in that the claimant had not proceeded. Striking out an action where there has been a default judgment is a Draconian power and should only be granted in a strong case. In this case, because of the several complications, the delay was not inexcusable. Appeal allowed

Citations:

[2000] EWHC Admin 312

Links:

Bailii

Insolvency, Litigation Practice

Updated: 29 May 2022; Ref: scu.140126

Millharbour Management Ltd and Others v Weston Homes Ltd and Another: TCC 22 Mar 2011

The court was asked as to the circumstances in which a party can effectively secure that it acts as a representative on behalf of other persons who are not parties to the proceedings.

Judges:

Akenhead J

Citations:

[2011] 3 All ER 1027, [2011] EWHC 661 (TCC)

Links:

Bailii

Statutes:

Civil Procedure Rules 19.6(1)

Jurisdiction:

England and Wales

Litigation Practice

Updated: 29 May 2022; Ref: scu.430750

Regina v Durham County Council ex parte Rodney Huddleston: Admn 17 Aug 1999

Variation of interim injunction to allow works preparatory to development pending appeal against refusal of planning permission.

Citations:

[1999] EWHC Admin 794

Links:

Bailii

Citing:

See Also – Regina v Durham County Council Sherburn Stone Company Limited Secretary of State for Environment, Transport and Regions ex parte Rodney Huddleston CA 15-Feb-1999
. .
See Also – Regina v Durham County Council Sherburn Stone Company Limited ex parte Huddlestone Admn 28-Jul-1999
. .

Cited by:

See Also – Regina v Durham County Council Ex Parte Huddleston QBD 28-Jan-2000
A quarry owner had allowed his mineral extraction licence to lapse, and sought to renew the permission. The authority failed to issue a decision within the appropriate time period, and a deemed permission was granted. It was held however that where . .
See Also – Regina v Durham County Council and Others Ex Parte Huddleston CA 15-Mar-2000
A quarry owner had allowed his mineral extraction licence to lapse, and sought to renew the permission. The authority failed to issue a decision within the appropriate time period, and a deemed permission was granted. The UK system appeared not to . .
Lists of cited by and citing cases may be incomplete.

Planning, Litigation Practice

Updated: 28 May 2022; Ref: scu.140058

Regina v Portsmouth Hospitals NHS Trust ex parte Carol Glass: Admn 21 Apr 1999

Application to lift bar on reporting of a case involving a child where child might be identifiable. Order lifted.

Citations:

[1999] EWHC Admin 331

Links:

Bailii

Statutes:

Children and Young Persons Act 1933 39

Cited by:

See Also – Regina v Portsmouth Hospitals Nhs Trust ex parte Carol Glass Admn 21-Apr-1999
. .
Lists of cited by and citing cases may be incomplete.

Children, Media

Updated: 28 May 2022; Ref: scu.139595

Ritblat v Revenue and Customs: FTTTx 6 Nov 2020

PROCEDURE – effect of general stay of proceedings – whether decision that finally disposed of all issues in the proceedings ended proceedings – application for extension of time – application for matter to be referred to Upper Tribunal under rule 7(3)

Citations:

[2020] UKFTT 453 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 28 May 2022; Ref: scu.656866

Hanley v J C and A Solicitors: QBD 28 Sep 2018

Whether the Court, under the inherent jurisdiction over its officers and/or s. 68 Solicitors Act 1974, has the power to order a solicitor to make and supply to his client (or former client) copies of documents which are the property of the solicitor, subject to payment of reasonable costs for the task.
Held: The appeal failed. The court did not have the discretion to make such an order.

Judges:

Soole J

Citations:

[2018] EWHC 2592 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions, Litigation Practice

Updated: 28 May 2022; Ref: scu.625531

PS Refson and Co Ltd v Saggers: CA 1984

Though interlocutory relief may be granted before issue of a writ, it is always upon an undertaking to issue one.

Judges:

Nourse LJ

Citations:

[1984] 1 WLR 1025

Jurisdiction:

England and Wales

Cited by:

Cited – Canada Trust Co and Others v Stolzenberg and Others (No 2) HL 12-Oct-2000
The plaintiffs alleged the involvement of the defendant in a conspiracy to defraud. He had been domiciled in England, but had moved to Germany. He denied that the UK court had jurisdiction. The court of appeal said that jurisdiction was determined . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 28 May 2022; Ref: scu.264077

Thune v London Properties Limited: CA 1990

The court considered the applicability of the principles in Ladd v Marshall to an appeal from an interlocutory order being an application for security for costs.
Held: The application to admit fresh evidence was refused. Bingham LJ: ‘There is nonetheless a clear duty on parties to present their full case at first instance, and it is very undesirable if interlocutory disputes are argued out afresh on appeal on different materials never put before the judge whose primary discretion it is. The defendants here, in my judgment, were put on inquiry and failed to deal with this point, although ease of enforcement is now known to be a very relevant consideration.’

Judges:

Bingham LJ

Citations:

[1990] 1 WLR 562

Jurisdiction:

England and Wales

Citing:

Cited – Ladd v Marshall CA 29-Nov-1954
Conditions for new evidence on appeal
At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for . .

Cited by:

Cited – Al-Koronky and Another v Time-Life Entertainment Group Ltd and Another CA 28-Jul-2006
The claimants sought damages after publication of articles alleging severe mistreatment of a servant. One defendant had settled and apologised, but the defendant publisher and author had persisted with the allegation. The claimants who lived in . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 28 May 2022; Ref: scu.244088

Peer International Corp and others v Termidor Music Publishers Ltd and Another: ChD 25 May 2005

The claimants sought declarations as to the ownership of copyrights to music fom Cuba. Many witnesses would be required to give evidence from Cuba. Attempts to take evidence by video link from Cuba had failed. It was suggested that the judge might travel to Cuba to take evidence as necessary, even though the claimant did not consent.
Held: The judge had power to appoint himself as a special examiner to take such evidence. The rule provided for no restriction on the identity of the special examiner, and the sitting of a special examiner would not constitute a trial as in the High Court. There was reason to expect consent from the Cuban government, and subject to that that is what the judge would do.

Judges:

Lindsay J

Citations:

[2005] EWHC 1048 (Ch), Times 02-Jun-2005

Links:

Bailii

Statutes:

Civil Procedure Rules 34.13(4), Supreme Court Act 1981 71

Jurisdiction:

England and Wales

Citing:

See Also – Peer International Corporation and Others v Termidor Music Publishers Ktd and Another ChD 11-Dec-2002
The claimant company had acquired the copyrights to the works of several Cuban musicians. A law later passed by Cuba in 1960 had allowed the musicians to re-assign their copyrights.
Held: A title to property which had been given by English law . .
See Also – Peer International Corporation Southern Music Publishing Company Inc Peermusic (UK) Limited v Termidor Music Publishers Limited Termidor Musikverlag Gmbh and Co Kg -And-Editoria Musical De Cuba CA 30-Jul-2003
Peer sought declarations that they were the owners, or licensees, of the UK copyright in musical works composed by Cuban nationals, relying on assignments in writing by the composers and in some instances by their heirs. The defendants claimed under . .

Cited by:

See Also – Peer International Corporation and others v Termidor Music Publishers Ltd and others ChD 16-Nov-2006
Claim for English copyright of Cuban musical scores. . .
See Also – Peer International Corporation and others v Termidor Music Publishers and others CA 23-Nov-2007
. .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Intellectual Property

Updated: 28 May 2022; Ref: scu.225337

Clarke v Bradlaugh: CA 1881

The defendant had sat and voted in parliament without taking the statutory oath. The writ was issued on the same day. The defendant argued that since the writ was deemed to have been issued at the start of the day, the events on which the claim was based had not yet happened, and that the writ should be struck out.
Held: The objection was dismissed on the ground that issuing the writ was not a judicial act and therefore the rule could not apply. Each member of the Court of Appeal expressed doubts about the scope and even the validity of the rule.
Lord Coleridge CJ said: ‘I do not therefore recognise the universality of the rule even as to judicial acts’ Baggallay LJ said: ‘I do not desire to be considered as holding this to be an inflexible rule’
and Brett LJ said: ‘As for the rule that judicial acts relate back to the earliest moment of the day, I know of no principle on which it can be founded. It is an artificial rule, declared for a long number of years to be a part of common law procedure, and therefore it is assumed to be as old as the common law itself. But it is to be applied in the same way as it was applied when first promulgated.’ The issue of a writ should not be refused where it is properly endorsed.

Judges:

Lord Coleridge CJ, Baggallay LJ, Brett LJ

Citations:

(1881) 8 QBD 63

Jurisdiction:

England and Wales

Cited by:

Appeal from – Bradlaugh v Clarke HL 1883
The use of the word ‘like’ is apt to incorporate all the features of the principal subject. . .
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. . .
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.

Litigation Practice

Updated: 28 May 2022; Ref: scu.219071

Elvee Ltd v Taylor and others: CA 6 Dec 2001

Where a party seeking injunctive relief departed from normal practice, in this case by applying to the Queen’s Bench rather than the Chancery Division for an injunction in an intellectual property case, they must file an explanation of why they had departed from that practice. Where a court did not give its reasons for a decision immediately, it should nevertheless be delivered promptly, and in the case of any delay, the reason for the delay should be explained to the parties.

Judges:

Sir Andrew Morritt VC, Chadwick LJ

Citations:

Times 18-Dec-2001, Gazette 14-Feb-2002, [2001] EWCA Civ 1943, [2002] FSR 48, (2002) 25(3) IPD 25017

Links:

Bailii

Statutes:

Civil Procedure Rules Part 25 paragraph 8.5

Jurisdiction:

England and Wales

Litigation Practice, Intellectual Property, Civil Procedure Rules, Employment

Updated: 28 May 2022; Ref: scu.201553

The Sennar (No 2): HL 1985

The Henderson v Henderson principle should only be applied where it is clear (i) that the decision or determination relied on was made by a foreign court of competent jurisdiction and (ii) the decision upon the issue later sought to be raised is a final and binding decision on the merits.

Judges:

Lord Brandon

Citations:

[1985] 1 WLR 490

Jurisdiction:

England and Wales

Citing:

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 . .
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 by:

Cited – Good Challenger Navegante S A v Metalexportimport SA CA 24-Nov-2003
The claimant sought to enforce an arbitration award made in 1983. Time might otherwise have expired, but the claimants relied on a fax which they said was an acknowledgement of the debt, and also upon a finding in a Romanian court which created an . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Estoppel

Updated: 28 May 2022; Ref: scu.183513

Pamplin v Express Newspapers Ltd: 1985

A costs judge does not have any power to order discovery to be given: he does not have any power to override a right of privilege. But he has a duty if the respondent raises a relevant factual issue to require the claimant to prove the facts on which he relies. The claimant alone chooses what evidence and to what extent he will waive his privilege. The [costs judge] then has to decide the issue of facts on the evidence. In considering whether he is satisfied by the evidence, the [costs judge] will no doubt take into account that the claimant may have a legitimate interest in not disputing the most obvious or complete evidence and may prefer to rely on oral evidence rather than producing privileged legal documents. It must not be a sham or fanciful dispute.

Judges:

Hobhouse J

Citations:

[1985] 1 WLR 689

Jurisdiction:

England and Wales

Citing:

See Also – Pamplin v Express Newspapers Ltd (2) CA 1988
In considering what evidence can be used in mitigation of damages in defamation, it is necessary to draw a distinction between evidence which is put forward to show that the plaintiff is a man of bad reputation and evidence which is already before . .

Cited by:

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 . .
See Also – Pamplin v Express Newspapers Ltd (2) CA 1988
In considering what evidence can be used in mitigation of damages in defamation, it is necessary to draw a distinction between evidence which is put forward to show that the plaintiff is a man of bad reputation and evidence which is already before . .
Cited – Garbutt and Another v Edwards and Another CA 27-Oct-2005
The client challenged his opponent’s solicitors bill of costs, saying that the other side had not been given an estimate of costs. The solicitor acted on several matters for the client and had not given a formal estmate.
Held: The absence of . .
Lists of cited by and citing cases may be incomplete.

Costs, Litigation Practice

Updated: 28 May 2022; Ref: scu.182519

Eagil Trust Co Ltd v Pigott-Brown: CA 1985

There is no duty on a judge, in giving his reasons, to deal with every argument presented by counsel in support of his case. When dealing with an application in chambers to strike out for want of prosecution a judge should give his reasons in sufficient detail to show the Court of Appeal the principles on which he has acted and the reasons that have led him to his decision. They need not be elaborate. It is sufficient if what he says shows the parties and, if need be, the Court of Appeal, the basis on which he has acted.

Judges:

Griffiths, Sachs LJJ

Citations:

[1985] 3 All ER 119

Jurisdiction:

England and Wales

Citing:

Cited – Knight v Clifton CA 1971
When dealing with an application to strike out, the judge should record his reasons for the finding, but it is sufficient if what he says shows the parties and, if need be, the Court of Appeal the basis on which he has acted. The court also . .

Cited by:

Cited – Checkpoint Ltd v Strathclyde Pension Fund CA 6-Feb-2003
The tenants sought to challenge the arbitrator’s award setting the rent payable under the lease. They claimed that he had improperly refered to his own experience of the market, to support his decision, and this committed a serious irregularity . .
Cited – English v Emery Reimbold and Strick Ltd; etc, (Practice Note) CA 30-Apr-2002
Judge’s Reasons Must Show How Reached
In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision.
Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the . .
Cited – Sibley and Co v Reachbyte Ltd and Another ChD 4-Nov-2008
Solicitors appealed against a costs order made refusing them payment of all of Leading and Junior counsel’s fees.
Held: The leading counsel involved had not provided anything like a detailed account of the time he had spent on what was a . .
Cited – The Attorney General for Northern Ireland v Crawford and Another ChNI 4-May-2016
The AG sought leave to appeal against a decision by the tribunal for the removal of a trustee of a police charity.
Held: Permission was given. The decision of the tribunal was open to proper criticism. The appeal raised several important . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 28 May 2022; Ref: scu.179898

Hm Attorney General v Gleaves: Admn 9 Mar 1999

The defendant had been made subject to a civil proceedings order but had begun criminal prosecutions from his prison cell against journalists.
Held: The civil restraint order did not prevent the defendant commencing criminal actions. A criminal proceedings restraint order was made.

Citations:

[1999] EWHC Admin 216

Links:

Bailii

Statutes:

Prosecution of Offences Act 1985 24(7), Supreme Court Act 1981 42

Citing:

Cited – Goldsmith v Sperrings Ltd CA 1977
Claims for Collateral Purpose treated as abuse
The plaintiff commenced proceedings for damages for libel and an injunction against the publishers, the editors and the main distributors of Private Eye. In addition, he issued writs against a large number of other wholesale and retail distributors . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Criminal Practice

Updated: 28 May 2022; Ref: scu.139480

Regina v Bow County Court ex parte Dr Pelling: Admn 30 Jun 1998

Dr Pelling applied for leave to challenge a refusal of permission to him to assist an applicant as a McKenzie friend.

Citations:

[1998] EWHC Admin 689

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Regina v Bow County Court ex parte Dr Michael John Pelling CA 10-May-1999
Application for leave to appeal against refusal to allow Dr Pelling to act as Mckenzie friend. . .
See Also – Regina v Bow County Court, Ex Parte Pelling CA 17-Dec-1999
Access to the court given to a McKenzie Friend should normally be given in matters in open court, but when it came to matters being heard in chambers, the judge had discretion as to who he would hear. The right is in any event that of the litigant, . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 May 2022; Ref: scu.138810

Northumberland and Durham Property Trust Ltd v Chairman of London Rent Assessment Committee and Rent Assessment Committee: Admn 1 Apr 1998

A rent assessment committee had given no sufficient justification for a finding of scarcity and calculation of fifty per cent reduction in the letting value. The reduction was set aside.

Citations:

Gazette 08-Apr-1998, [1998] EWHC Admin 387

Links:

Bailii

Litigation Practice, Housing

Updated: 27 May 2022; Ref: scu.138508

HM Attorney General v Drozdowski: Admn 6 Apr 1998

Citations:

[1998] EWHC Admin 408

Links:

Bailii

Statutes:

Supreme Court Act 1981 41

Jurisdiction:

England and Wales

Cited by:

See Also – Drozdowski v Department of Public Prosecutions Admn 8-Oct-1998
A parking ticket had wrongly identified the town in which the ticket was issued, and the ticket described the offence as ‘No Waiting’ where the defendant said he should have been accused of waiting. The magistrates allowed it to be amended. The . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 May 2022; Ref: scu.138529

Hill (As Trustee In Bankruptcy of Nurkowski) v Spread Trustee Company Ltd and Another: CA 12 May 2006

The defendants sought relief for transactions entered into at an undervalue. The bankrupt had entered into charges and an assignment of a loan account in their favour before his bankruptcy, and the trustee had obtained an order for them to be set aside as a fraud on his creditors.
Held: To have such orders set aside, it must be shown that the transaction had been entered into in order to prejudice the creditors. The court had disbelieved the debtor, but there was no need for the judge to give himself an express Lucas direction, so long as one was applied. ‘There is no general rule that an action brought by a trustee in bankruptcy is not subject to the provisions of the Limitation Act 1980, and I can see no justification for there to be an exception in the case of a claim brought under s.423. ‘

Judges:

Lord Justice Waller Lady Justice Arden

Citations:

Times 10-Jul-2006, [2006] EWCA Civ 542, [2007] 1 BCLC 450, [2007] 1 WLR 2404

Links:

Bailii

Statutes:

Insolvency Act 1986 423

Jurisdiction:

England and Wales

Citing:

Appeal from – Hill (As Trustee In Bankruptcy of Nurkowski) v Spread Trustee Company Ltd and Another ChD 2005
. .
Cited – Carman v Yates ChD 2005
When a civil judge thinks a witness may be lying, he should remember that witnesses may have different reasons for lying, and effectively give himself a Lucas direction. . .
Cited – Regina v Lucas (Ruth) CACD 1981
People sometimes tell lies for reasons other than a belief that they are necessary to conceal guilt.
Four conditions were identified which must be satisfied before a defendant’s lie could be seen as supporting the prosecution case:-
(1) . .
Cited – Regina v Middleton CACD 12-Apr-2000
Where a defendant was shown to have lied in the course of proceedings it need not always be necessary to give a Lucas direction. In some circumstances the jury could properly be expected not to follow a prohibited line of reasoning without such a . .
Cited – Peter Buchanan Limited and Macharg v McVey 1954
(Supreme Court of Ireland) The plaintiff was a company registered in Scotland put into compulsory liquidation by the revenue under a substantial claim for excess profits tax and income tax. The liquidator was really a nominee of the revenue. The . .
Cited – Re Sam Weller and Sons Ltd 1990
. .
Cited – In re M C Bacon Ltd ChD 1990
A liquidator claimed that the costs of an unsuccessful attempt to set a floating charge aside should be paid out of the assets subject to the charge in priority to the claims of the charge holder.
Held: The rule was a complete statement of the . .
Cited – Law Society v Southall CA 14-Dec-2001
In making a strike out decision under Part 24, the court of first instance was exercising a discretion which an appellate court should be reluctant to disturb. The court should only interfere in the case of a manifest error. The Law Society had . .
Cited – Re Maddever 1884
A specialty creditor who applied to set aside a conveyance as fraudulent under the statute 13 Eliz. c.5 was not barred by laches and could be brought at any time before his own claim as a creditor became statute-barred. . .
Cited – Buchler and another (as joint liquidators of Leyland DAF Limited) v Talbot and another (as joint administrative receivers of Leyland DAF Limited) and Stichting Ofasec and others HL 4-Mar-2004
The liquidator sought to recover his expenses from assets charged under a floating charge in priority to the chargee.
Held: Barleycorn was decided in error. The liquidators costs incurred in an insolvent winding up were not to be charged . .
Cited – Coburn v Colledge CA 5-Apr-1897
A solicitor commenced an action on June 12th, 1896 for his fees for work which had been completed on May 30th 1889.
Held: A period of limitation runs from the date on which the ingredients of the cause of action are complete. The statute of . .
Cited – Inland Revenue v Hashmi and Another CA 3-May-2002
The question for the court was whether when there was more than one purpose of a transaction the proscribed purpose under the section had to be dominant or not.
Held: It was not necessary for the proscribed purpose to be the dominant purpose; . .
Cited – Re Priory Garage (Walthamstow) Limited ChD 2001
The court considered the relevance of a statutory limitation period in relation to applications to set aside transactions as being at an undervalue or as voidable preferences under section 238 to 241 of the 1986 Act. Applications to set aside . .
Cited – Re Lane-Fox 1900
. .
Cited – Re Farmizer (Products) Ltd ChD 19-Jun-1995
The limitation period for an action for wrongful trading under insolvency legislation is six years. Where the statute relied upon enables the court to give relief in monetary or non-monetary form the court should look to see what is actually claimed . .
Cited – Menzies v National Bank of Kuwait Sak CA 13-Dec-1993
It must only in exceptional circumstances that a company other than company in liquidation may be alloweed to pursue a debt for the company. . .
Cited – Aylott v West Ham Corporation CA 1927
The plaintiff sought to recover a sum of money under a statute. . .
Cited – Collin v Duke of Westminster CA 1985
In 1975 the tenant sought to exercise his right to purchase the freehold reversion of his property. The landlord argued that the rent payable precluded any such entitlement. Under the law as then understood, the landlord’s contention appeared . .
Cited – Pratt v Cook, Son and Co (St Paul’s) Ltd HL 1940
. .
Cited – Cotterill v Price 1960
A statute-barred debt cannot be proved in bankruptcy. . .
Cited – Cunliffe v Goodman CA 1950
Action for damages for breach of a repairing covenant on the expiry of a lease. The court looked at the intention required of a landlord to show an intended purpose to oppose renewal of a lease. Asquith LJ said: ‘An ‘intention’ to my mind connotes a . .
Cited – West Riding of Yorkshire County Council v Huddersfield Corporation 1957
Where a statute enables the court to give relief in monetary or non-monetary form the court should look to see what is actually claimed. . .
Cited – Re Eichholz 1959
The court left open the question whether, if the proceedings were brought by a trustee in bankruptcy, a representative creditor had to be joined. . .
Cited – Letang v Cooper CA 15-Jun-1964
The plaintiff, injured in an accident, pleaded trespass to the person, which was not a breach of duty within the proviso to the section, in order to achieve the advantages of a six-year limitation period.
Held: Trespass is strictly speaking . .
Cited – Re Yates (A Bankrupt) 2004
The court considered the application of the limitation to a claim by a trustee in bankruptcy to set aside a transaction at an undervalue.
Held: Charles J: ‘If there is a limitation period, the passages in Muir Hunter suggest that in the case . .

Cited by:

Cited – Barlow Clowes International Ltd and Others v Henwood CA 23-May-2008
The receiver appealed against an order finding that the debtor petitioner was not domiciled here when the order was made. The debtor had a domicile of origin in England, but later acquired on in the Isle of Man. He then acquired a home in Mauritius . .
Cited – Nolan v Wright ChD 26-Feb-2009
The defendant sought to re-open the question of whether the charge under which he might otherwise be liable was an extortionate credit bargain. The creditor said that that plea was time barred. The defendant argued that a finding that the agreement . .
Cited – Stonham v Ramrattan and Another CA 16-Feb-2011
The bankrupt, while solvent had acquired a property which was first put in his own sole name, but then transferred to his wife outwardly ‘in consideration of love and affection’. Several years later, on the bankruptcy, the trustee sought to have the . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Litigation Practice

Leading Case

Updated: 27 May 2022; Ref: scu.241911

Regina v Commissioners of Inland Revenue ex parte Michael Bishopp (for and on Behalf of Partners In Price Waterhouse (a Firm)): Admn 18 Dec 1997

Citations:

[1997] EWHC Admin 1156, [1999] STC 531

Links:

Bailii

Cited by:

Cited – Autologic Holdings Plc and others v Commissioners of Inland Revenue HL 28-Jul-2005
Taxpayer companies challenged the way that the revenue restricted claims for group Corporation Tax relief for subsidiary companies in Europe. The issue was awaiting a decision of the European Court. The Revenue said that the claims now being made by . .
Lists of cited by and citing cases may be incomplete.

Taxes Management, Litigation Practice

Updated: 26 May 2022; Ref: scu.138101

Benyatov v Credit Suisse Securities (Europe) Ltd: QBD 22 Jan 2020

‘it is not appropriate to strike out a claim in an area of developing jurisprudence, since, in such areas, decisions as to novel points of law should be based on actual findings of fact’

Judges:

Roger ter Haar QC

Citations:

[2020] EWHC 85 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Gerrard and Another v Eurasian Natural Resources Corporation Ltd and Another QBD 27-Nov-2020
The claimants, a solicitor and his wife, sought damages in harassment and data protection, against a party to proceedings in which he was acting professionally, and against the investigative firm instructed by them. The defendants now requested the . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 26 May 2022; Ref: scu.648885

SPI North Ltd v Swiss Post International (UK) Ltd and Another: ChD 7 Dec 2020

The test to be applied on an opposed application to amend is the same as the test to be applied to an application for summary judgment (i.e. whether the proposed new claim has a real prospect of success)

Judges:

Judge Jonathan Richards

Citations:

[2020] EWHC 3268 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Gerrard and Another v Eurasian Natural Resources Corporation Ltd and Another QBD 27-Nov-2020
The claimants, a solicitor and his wife, sought damages in harassment and data protection, against a party to proceedings in which he was acting professionally, and against the investigative firm instructed by them. The defendants now requested the . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 26 May 2022; Ref: scu.656645

Regina v Dean and Chapter of St Paul’s Cathedral and Church In Wales ex parte Williamson: Admn 22 Aug 1997

The claimant, subject to a vexatious litigant order under the 1981 Act, sought leave to bring judicial review proceedings of a decision by the respondents to appoint a woman to the position of Minor Canon in the cathedral.
Held: Permission was refused. He had no prospect of success, and the proceedings woud amount to an abuse of court proceedings. The claimant’s previous conduct was not, on any view, a matter which was irrelevant to any application for leave.

Judges:

Sedley J

Citations:

[1997] EWHC Admin 784, [1998] C0D 130

Links:

Bailii

Statutes:

Supreme Court Act 1981 42(3)

Jurisdiction:

England and Wales

Cited by:

Cited – Khaira and Others v Shergill and Others CA 17-Jul-2012
The parties disputed the trusteeship and governance of two Gurdwaras (Sikh temples). The defendants now applied for the claim to be struck out on the basis that the differences were as to Sikh doctrines and practice and as such were unjusticiable. . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Ecclesiastical

Updated: 26 May 2022; Ref: scu.137729